It is likely that you have been asked to sign a liability waiver or a release waiver at some point in time. It may have been for participation in a sports league or some other activity. You may have just signed and not have given it much thought. This is what most people do. If you, however, were injured after signing a waiver, however, your thoughts may then turn to the waiver you previously signed. Did you waive your right to pursue compensation for the harm you have suffered? Do you simply have to take the hit and pay for all of your damages on your own? Let’s take a look at your rights after you sign a waiver.
Can I Still Sue If I Signed a Waiver?
Waivers come standard at many sports facilities, theme parks, and other frequented locations. They are usually standard forms containing boilerplate language. If you want to participate in the activity or enter the location, you need to sign it first. So, you sign the waiver and go on your way. These waivers, however, usually place limitations on a person’s ability to pursue legal action if they sustain injury while on the location or participating in the specified activity. If you sign a waiver, does that mean you cannot pursue any legal action in the event that you are subsequently injured? The answer is: not necessarily.
While signing a waiver can limit an injured person’s legal options, it does not necessarily act as a total bar to filing a personal injury claim for harm sustained. If you have been injured after signing a waiver, do not give up. Explore the legal options that may be available to you. There is still a chance that you can pursue legal action for the injuries you have suffered due to the negligence of someone else.
You see, a waiver does not prevent an injury victim from pursuing legal recourse in every situation. It is not uncommon, for instance, for a waiver to turn out to be legally invalid. There are specific legal requirements that a waiver must be in compliance with in order to be valid. A waiver’s language must be clear and specific. There cannot be ambiguous language or be difficult to understand. If this is not the case, it is likely that the waiver will be invalidated. In other situations, your injury may have been caused by a party who was not subject to protection under the waiver. Other times, the waiver may have been signed by a waiver and found invalid.
Even if a valid waiver was properly executed, an injury victim may still be able to pursue legal action. In Pennsylvania, waivers do not protect a party who is found to have been grossly negligent or reckless and, as a result, caused another party injury. What’s the difference between negligence and gross negligence? In order to establish negligence, you must be able to prove that an entity had a legal duty towards you, they failed to uphold that duty, and their failure to uphold their duty caused you injury. With gross negligence, you must be able to prove all of the elements of negligence and you also must be able to prove that the negligent party’s conduct showed a complete disregard for your safety and well-being.
Philadelphia Personal Injury Attorneys
Injured after you signed a waiver? Do not give up! Talk to the dedicated personal injury attorneys at Cooper, Schall & Levy about the legal options you may still have to pursue full and fair monetary recovery. Contact us today.
