Many organizations and companies require participants or patrons to sign a liability release waiver in the event they are injured. Of course, this is to protect the financial interests of the host of the activity or event. A common example that personal injury attorneys Atlanta, GA trusts might use is this: a company sponsors a sporting event and requires the participants to sign a waiver that states the company will not be held responsible for any injuries. What happens if the participant (or anyone else who has signed a liability release waiver) is subsequently hurt? By having signed the waiver, did they give up all of their legal rights? The short answer is no. The longer answer is that several criteria must be met for their claim to qualify for compensation with the help of a personal injury lawyer in Atlanta, GA.

Common Scenarios Involving a Liability Release Waiver

Regardless of the circumstances under which you felt compelled or obliged to sign a liability release waiver, contact our office to speak with a personal injury lawyer if you were seriously injured. Common scenarios in which waivers are often required include:

  • Sports competitions including bike races, marathons, and sled dog races; baseball leagues, etc.
  • Extracurricular school activities including after school clubs, field trips, sporting activities.
  • Private clubs such as sailing clubs, polo clubs, shooting or hunting clubs.
  • Gym memberships.
  • Commercialized outdoor activities such as zip line tours, canoeing or rafting excursions.

When a Liability Release Waiver is Not Enforceable

After a careful review of your case, a personal injury lawyer may be able to determine if the liability release waiver you signed is not enforceable. There are a number of circumstances under which a court may declare the liability release waiver is not valid and therefore, the issuing company or organization might be held liable for your injury-related damages. Common examples of when a liability release may not be enforceable:

  • The individual who signed the liability release waiver was coerced into signing it, or was under oppression by the party who required the signed release form.
  • The release form was provided under fraudulent circumstances.
  • If the activity associated with the release form is heavily regulated by state authorities. If safety requirements or regulations are in place, or there are clear laws that dictate liability in this activity, those laws cannot be superseded by a liability release waiver.
  • The party who required the liability release waiver intentionally hurt or injured the victim, or intentionally disregarded their safety.

Protect Your Rights

Simply because you signed a liability release waiver does not necessarily mean that you cannot seek compensation from the responsible party in order to pay for your injury costs.

 


 

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury cases.

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