Many recreational activities, from gyms to zip-lining courses, require participants to sign a liability waiver before taking part. Understanding what these waivers actually do, and what they do not, can help you understand your rights if you are injured during one of these activities. A Morgantown, WV personal injury lawyer can help you understand your rights if you were injured during a recreational activity despite signing a liability waiver.
What Is a Liability Waiver
A liability waiver, sometimes called a release, is a written agreement in which a participant agrees not to hold a business or organization liable for certain injuries that might occur during an activity. These documents are common in activities considered inherently risky, such as skiing, skydiving, horseback riding, and gym memberships.
What Is Assumption of Risk
Assumption of risk is a related legal concept holding that a person who voluntarily participates in an activity with known risks cannot later hold someone else liable for injuries resulting from those inherent risks. Waivers are often used to formalize this concept in writing, though the doctrine can apply even without a signed document in some circumstances.
Are Liability Waivers Always Enforceable
Despite what many people assume, signing a waiver does not automatically prevent an injured person from pursuing a claim. Courts in many jurisdictions will not enforce a waiver that attempts to excuse gross negligence, reckless conduct, or intentional harm. Waivers are generally intended to cover only the ordinary, inherent risks of an activity, not a company’s failure to maintain safe equipment or properly train staff.
Common Reasons a Waiver May Not Hold Up
A waiver may be found unenforceable if the language is unclear or overly broad, if it attempts to waive liability for gross negligence, if it was not properly presented or explained to the participant, or if it violates public policy in the jurisdiction where it was signed. Some states place additional restrictions on waivers involving minors.
The Difference Between Inherent Risk and Negligence
An important distinction in these cases is between injuries resulting from the inherent risk of an activity and injuries resulting from someone else’s negligence. For example, a skier assumes the inherent risk of falling on a difficult run, but may still have a claim if an injury resulted from a poorly maintained lift or unmarked hazard that the resort failed to address.
Evaluating a Claim Involving a Signed Waiver
If you were injured during an activity where you signed a waiver, it is still worth having the circumstances reviewed. Key questions often include what specifically caused the injury, whether the risk was truly inherent to the activity, and whether the business took reasonable steps to maintain safe conditions and equipment.
Waivers Involving Minors
Many states place special restrictions on a parent’s ability to waive a minor child’s right to sue on their behalf, since children cannot legally consent to assume risk in the same way an adult can. Some courts refuse to enforce these waivers against a child’s own claim, even if a parent signed on the child’s behalf.
The Bottom Line
Signing a liability waiver does not necessarily mean you have no legal options if you are injured. If you were hurt during a recreational activity covered by a waiver, understanding the difference between inherent risk and negligence can help clarify whether you may still have a valid claim. Contact Hayhurst Law PLLC if you were injured during a recreational activity despite signing a liability waiver and need help determining whether you may still have a valid personal injury claim.
