Injury Waiver and Liability Release Forms: How Do They Affect Personal Injury Claims?
When you start a new job, you’re usually inundated with paperwork such as insurance policies, privacy notices, and contracts. Sometimes you may not even notice the waiver and release of liability forms in the sea of papers, but these often-overlooked documents can cause major issues should you find yourself in any legal entanglement.
Jobs aren’t the only place you sign liability waivers, however. You may have to sign one before taking a new exercise class, undergoing a medical procedure, or for your child before he or she can play little league sports. Exactly how legally sound are these forms? Can they have a significant bearing on a personal injury claim?
Just How Effective Are Liability Waivers?
Companies slap together waivers to avoid paying out for injuries no matter who’s at fault. When you sign one, you’re essentially agreeing to relieve the company in question of any wrongdoing in its role in your accident. However, a signed waiver of liability doesn’t necessarily mean you’re barred from filing a personal injury claim. The effectiveness of these waivers hinges on several aspects:
- The wording of the waiver. Ambiguous waivers or those full of unclear language are less likely to hold up in court. If the waiver specifically mentions certain scenarios, it’s easier to enforce.
- The critical language. The most important parts of the waiver (i.e., when the company is specifically not responsible) must be easy to see. If it’s written in tiny font and added on at the end of a liability form, a court is more likely to rule in your favor.
- The cause of the injury. Most companies hire attorneys to provide ironclad waivers, but there are still some scenarios that preclude the legal veracity of the form. For example, gross negligence or intentional misconduct can negate the waiver, making you eligible for a claim.
When Do Waivers Fail?
A waiver may fail for several reasons. Gross and reckless negligence on the part of the administrator is an obvious loophole for a release of liability, but waivers may become obsolete in these situations as well:
- One party has unequal bargaining power. An example of this would be a teacher/student dynamic. These waivers tend to fail more often if an essential service is involved, like a medical procedure. In the cases of recreational sports or fitness activities, waivers are more likely to stand, as these activities are optional.
- There’s an incomplete list of inherent risks. A waiver may be dismissed if it doesn’t appropriately highlight the inherent risks of a product or service.
- The signee is a minor. Waivers aren’t enforceable if signed solely by a minor. Parental waivers for minor children are a bit trickier; the courts tend to view these on a case-by-case basis.
When to Consider Expert Advice Regarding Liability Waivers
If you’ve been injured in an accident, you may be wondering if it’s worth pursuing legal recourse for the parties responsible. If you signed a waiver and release of reliability, you may feel stuck in your inability to file a personal injury claim. When in doubt, consult with a legal expert regarding your personal injury case. Our attorneys are skilled in identifying loopholes and other problematic areas in waiver forms. Whether it’s ambiguous language, missing explanations of inherent risks, or an unequal balance of power, we’re equipped to scrutinize release of liability forms to the minutest detail.
If you believe your accident was the result of gross negligence or recklessness, consult with us right away. At Liljegren Law Group, we put our years of experience to work for you. Contact us to set up an initial consultation. We’ll review the facts of your case and advise you on some next steps, free of charge.