Are You Eligible For Damages If You Get Injured After Signing A Liability Waiver?

If you get injured after signing a liability waiver, then you might be able to obtain damages. But this is not always the case.

Going over what it means to be eligible for damages if you get injured after signing a liability waiver and speaking with a California personal injury attorney will allow you to obtain the damages you are entitled to.

What Is A Liability Waiver?

A liability waiver is a waiver that, when signed, requires you to give up some of the rights you would normally possess.

Just as an example, if you join a gym, you may need to sign a liability waiver. And, in signing this liability waiver, you lose your right to sue them for any injuries you may receive while using their facilities.

Even though signing a liability waiver will, generally speaking, prevent you from suing a particular establishment or individual if you receive any injuries, this is not always the case.

Are You Eligible For Damages If You Get Injured After Signing A Liability Waiver?

The Answer to this question is “Sometimes.”

If you are at a gym and obtain an injury that is easily foreseen – falling off of the treadmill, for example, due to selecting the maximum speed – then it is very unlikely you will be able to sue.

The reason for the above is that falling off a treadmill is a reasonably foreseeable risk, and, generally speaking, a liability waiver prevents people from suing an individual or establishment if these risks transpire.

On the other hand, though, if certain conditions are present or certain accidents/incidents transpire, then you may be eligible for damages.

What Conditions Will Allow You To Obtain Damages, Even If You Signed A Liability Waiver?

The first condition that will allow you to obtain damages, even if you signed a liability waiver, is a failure to provide a safe environment.

Returning to our earlier example, a gym must provide a safe experience for their members. And, if they don’t – the machines aren’t well-maintained, for example – then they can be sued for gross negligence.

Outside of that condition, a variety of other conditions can, and likely will, allow you to obtain damages. The most notable of these conditions are as follows:

• You received or experienced an accident/incident that was not outlined within the liability waiver that you signed.
• You were injured as a result of a deliberate act that an employee or the owner – among other individuals – instigated.
• You were not legally capable of signing the liability waiver due to duress or coercion, among various other factors.
• You were unable to understand the waiver, or the risks and rights that it pertained to, as a result of vague, ambiguous language.

If one of the conditions outlined above is present, then even if you have signed a liability waiver, it is very likely that you will be able to obtain damages.

Speak With A Northern California Personal Injury Attorney

If you signed a liability waiver but received an injury, you may still be eligible for damages.

Speak with a Northern California personal injury attorney at Maire & Deedon, and we will help you obtain the damages you are entitled to.