Legal Liability Waivers: Top 5 Questions

Legal Liability Waivers: Top 5 Questions - | Needham Kepner & Fish

In many cases, if you are injured because of another party’s negligence, you are able to sue for compensation. There are exceptions to this rule that include statutory (an injury lawsuit is not permitted in some circumstances), procedural (before suing you will need to file a notice with a government entity), or legal (the injury is entirely your fault).

Legal liability waivers are waivers that you sign before participating in a certain event. For example, you may be asked to sign a waiver at your gym or for a school event, or before a risky activity such as parasailing or snowboarding. Many people believe that by signing this waiver they give up all rights to sue, but there are exceptions to this rule. Here are five of the most asked questions regarding legal liability waivers.

1. I Got Hurt at the Gym, Can I Sue?

Whether you can sue your gym for an injury will depend on the nature of your injury, the language of the legal liability waiver you signed, and where the suit is filed.

2. Do I Have to Sign School Liability Waivers?

Not every school waiver is mandatory, and some may not even be enforceable. Avoid signing a waiver if your child is not participating in the activity it is meant for. It is also important to understand that signing a waiver doesn’t always mean you can’t sue if your child gets hurt because of school negligence.

3. Are Day Care Liability Waivers Legit?

Almost all day care facilities will have parents sign a liability waiver to protect the center. However, if your child is hurt at a daycare because of the center’s own negligence, then many courts will not enforce the legal liability waivers.

4. I Was Hit by a Foul Ball! Can I Sue?

Most tickets to sporting events come with a waiver on the back that states that all attendees will assume the risk of an injury if they attend the event. This waiver has precluded lawsuits stemming from foul ball injuries, but this may be changing in the future.

5. A Government Entity Wants to Force Me to Waive Injury Claims!

You just might be able to sue city hall regardless of the waivers you signed. Speak to an experienced attorney for more information on liability waivers and to understand your rights.





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