In life, there is a certain amount of risk present in any activity completed. Many “hazardous activities” present thrills and fun for the whole family without accident or incident. However, in some situations, freak accidents occur leaving parents, children, and other loved ones with serious bodily injuries and in some cases, death. Owners of establishments that offer such activities seek to protect themselves by limiting their liability in the event of an accident by requiring that all individuals entering the premises and taking part in the activities sign liability waivers. Much confusion surrounds the signing of liability waivers and their effect. If you or someone you know has been injured after partaking in an activity for which a waiver was signed, contact one of our experienced attorneys for a review of your claim.
What is a Liability Waiver?
A liability waiver is a document that is signed by all participants prior to engaging in an activity that could result in injury or death. Liability waivers seek to limit or eliminate the owner's responsibility for injuries that result from the activity. Liability waivers are frequently used in activities such as hockey, ice skating, skiing, jet ski usage, and in waterparks.
Can I File a Lawsuit if I have Signed a Liability Waiver?
Determining whether a lawsuit can be filed in circumstances where a waiver exists is difficult without a review of the particular facts and circumstances present in your case. Generally, a waiver preludes a party from recovering for injuries covered in the waiver. However, there are some cases where a waiver will not prevent a lawsuit from being filed, such as:
- Where there was gross negligence by the owner;
- Cases where the injury was not a foreseeable result of the activity;
- Where misrepresentation or certain warranties were made by an owner or agent of the owner;
To determine whether the liability waiver signed in your case was effective, arrange an initial consultation with one of our experienced attorneys today.
How Long are Liability Waivers in Effect?
Liability waivers are effective for the time period specified in the waiver or during the date in which you partake in the activity. If the signed liability waiver does not cover the date in which your injury occurred, you may be entitled to file a personal injury suit and recover for damages sustained as a result of the accident or incident.
Contact Colombo Law Today
Colombo Law is a full service personal injury law firm that seeks to help every victim of an accident or incident recover damages for their injury to the extent it is legally possible, regardless of how big or small the claim is. We assist clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, as well as Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county. If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation.