In Massachusetts, liability waivers can interfere with your ability to make a personal injury claim. When you sign a liability waiver, you give up your right to bring a lawsuit against the party responsible for your injury. If you have signed a liability waiver, speak with a lawyer about your potential right to bring an injury claim. You can learn more about the consequences of signing this waiver and how you could have avoided them when you consult with an attorney.
What are Liability Waivers For?
Liability waivers are usually associated with activities that have inherent risks like parasailing or jumping. Also, they may be used for businesses such as recreational facilities, daycare centers, and gyms that want to avoid liability for customer injuries. The majority of liability waivers have language that states the person signing the waiver gives up their right to sue the company when a bodily injury is sustained or when death occurs. These waivers protect the party from any legal responsibility for illnesses or injuries an individual may suffer.
Exceptions for Pursuing a for Personal Injuries Claim
Liability waivers do not fully prevent you from filing a personal injury claim. But it can be a serious roadblock to financial recovery. With a legal and valid waiver, the defendant can’t be held responsible for damages as long as the accident’s circumstances meet what’s described in the document.
In general, exceptions to liability waivers deal with negligence. Liability waivers cannot protect an organization from liability for negligence, wanton disregard, and recklessness for other people’s safety or intent to harm.
How a Liability Waiver Can Become Invalid for Personal Injuries
Often, attorneys for plaintiffs in personal injury cases that involve liability waivers will argue that the documents are not valid because of issues in their language, signatures, or format. While the majority of liability waivers can be enforced legally, some have errors that make a Massachusetts court rule the documents invalid and not admissible as evidence. A liability waiver can be deemed invalid if it’s missing signatures, does not meet the legal requirements of the state, is signed by a minor, or asks the person who signed to take part in illegal conduct.
If you suffered an injury from an activity you signed a liability waiver for, speak with an attorney as soon as possible. Don’t assume that you cannot recover compensation for your injuries because of the liability waiver you signed. An experienced injury lawyer can review the document’s language for you and inform you if you have grounds for a personal injury claim.