Liability Waivers: An Overview

Is there anything I Can Do if I was Injured Participating in a Recreational Activity and Signed a Waiver/Release? 

Yes, and We at Edgar Snyder & Associates, LLC know how, having recently obtained the largest Plaintiff’s verdict in the past twenty (20) years in Somerset County and against Hidden Valley

Lots of people enjoy engaging in recreational activities where they are active participants such as skiing/snowboarding/tubing, kayaking/canoeing, a gym membership, trampoline park, or any number of other activities, including passive activities like attending concerts or sporting events, in their free time.  When people participate in those types of activities, they often have to sign a waiver/release, either at the time they purchase their ticket, or before they can participate.  Those waivers/releases often limits the participant’s ability to bring a claim for any injuries they may sustain while participating in that activity.

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What is a Waiver?

A liability waiver/release, is a contractual provision used to limit your right to sue the other party for personal injuries or property damage caused by participating in an event. When you think of a waiver, you may think of a long legal document, but waivers could potentially be as simple as a textual disclaimer on the back of an admission ticket. A waiver/release of your rights can happen quickly, and if you are not paying attention, it could happen without you even realizing it.The consequences of waiving/releasing your right to sue can be devastating, leaving you without any compensation for any injuries suffered, missed time from work, and/or payment of your medical bills resulting from an accident. 

If you have been injured during an event and you signed a waiver, you might have had your claim quickly denied. This is common. Insurance companies do not have your best interest in mind, and they want to use this waiver against you so they do not have to pay you the money that you deserve.

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Common Types of Waivers

Since the impact of waiving your rights can be devastating, you need to know what waivers look like. The most common examples of waivers include:

• Written Contracts: Oftentimes written contracts will contain a clause that “releases” one party from all liability arising from negligence which requires your signature.
• Electronic Waivers: Liability waivers are commonly placed on company websites, requiring you to agree to the waiver before participating in the activity.
• Releases on Admission Tickets: Sometimes waivers of liability will be on admission tickets which state that, if you engage in the activity, you give up your right to file a lawsuit for negligence.

Generally, for a waiver to be enforceable, it must be signed by the party that it is being used against. This signature can be written, on a paper contract, or it can bean electronic signature on an electronic device. In some situations, a waiver may not need to be signed to be valid, but this is a fact specific determination.

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What is a Valid Waiver?

In Pennsylvania, a waiver will generally be upheld where the following conditions are met:

1. the clause must not be contrary to public policy;
2. the contract must be between persons concerning their private affairs; and
3. each party has the right to accept or reject the waiver/release provision and choose not to participate in the activity if they are unwilling to sign/accept the waiver/release.

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How Does a Waiver Affect my Case?

If you have been injured, and you signed or agreed to a valid waiver/release, then this waiver will act as a complete forfeiture to your right to sue the party responsible for any claims of negligence. On the other hand, if the waiver that you signed was not valid, then you would be able to sue to obtain full compensation for any harms or losses you may have suffered. Therefore, the determination of whether or not your waiver/release is valid is extremely important to your claim.  

Our attorneys at Edgar Snyder and Associates are experienced with liability waivers/releases, and they can analyze the language of the waiver and apply it to the law to determine whether or not the waiver/release is enforceable. Contact our waiver/release clause lawyers today. The consultation is free, and there is never a fee unless we get money for you.

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Is there any Way I can make a Claim for my Injuries and Damages if I signed/accepted a waiver/release?

A waiver/release can only release the other party from claims of negligence Depending on the facts of your case and the conduct of the other party, you may still be able to bring a claim against the other party if their actions establish gross negligence, recklessness, or intentional conduct

• Gross negligence rises above ordinary negligence. Gross negligence occurs when a person’s conduct significantly departs from how a reasonably careful person would act under the circumstances.
• Recklessness occurs when an individual recognizes the potential risks and dangers of an activity, and then continues to engage in that activity, despite being aware of those risks and dangers.
• Intentional conduct occurs when an individual willfully or wantonly acts for the purpose of a desired outcome.

Recently, our office received the largest jury verdict in Somerset County in the past twenty (20) years.  That case involved a client who was snow tubing at Hidden Valley. Our client signed the mandatory waiver/release and the court dismissed her claims for negligence. However, because we had also raised claims for gross negligence and recklessness we are allowed to proceed with our claims under those theories.  At trial, for strategic reasons, we only presented evidence as to the claim of recklessness.  We demonstrated that Hidden Valley owed a duty to bring its snow tube patrons, including our client, to a controlled stop at the bottom of the snow tubing run.  We successfully demonstrated how Hidden Valley’s failure to follow its own alleged policies and procedures put our client at risk and that they knew those policies and procedures were designed to prevent guests from being injured.  Based on our showing of Hidden Valley’s reckless conduct, our client received substantial compensation for her injuries, lost wages and future pain and suffering that she will endure.

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Waivers Signed by Minors

Waivers can be confusing, and sometimes the party asking you to sign the waiver may not even understand the waiver. As a matter of public policy, a minor individual,under Pennsylvania law, cannot waive their right to file a lawsuit for bodily injuries. This means that, if someone under the age of 18 entered into a liability waiver/release, courts will not enforce that waiver. Additionally, a parent or guardian is unable to waive liability on behalf of their minor child. This means that a court will not enforce an exculpatory clause against a minor, even if their parent or guardian signed the waiver.

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How to Prevent Waiving Your Right to Sue

Waivers are generally valid, and they can completely eliminate your right to receive compensation for your injuries. Knowing this, you need to be prepared the next time you engage in an activity that requires you to sign a waiver.

If you are handed a liability waiver:

• Read the terms: it can be easy to just sign something without reading it, but you might be giving up important rights. If you are handed a waiver, read the terms before you sign the document or engage in the activity. The law places the duty to read on all parties to a contract, meaning that you cannot escape the waiver by simply stating that you did not read it!
• Think about the terms: After reading the waiver, think about what rights you are trading to engage in the activity and determine if it is worth the risks outlined.
• If there is anything that you do not understand, ask questions. If you sign the waiver, you are showing that your understand the waiver and that you agree to the terms of the waiver.
• If you do not like the terms, or if you do not understand the terms, do not sign the waiver and do not engage in the activity!

Determining if the liability waiver in your case is invalid is difficult, and this determination requires experience with these types of contracts. Our attorney sat Edgar Snyder and Associates are experienced in handling personal injury cases with liability waivers, and they are willing to fight for you!

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How Legal Representation Can Help You

The results of a waiver/release in a personal injury claim can be devastating. You might be left with severe personal injuries, an inability to work, and piles of medical bills, all while having no way to get compensated. During this time, you need someone who is experienced in liability waivers, who can determine what rights you have, to fight for the best outcome of your case.

Our experienced personal injury attorneys at Edgar Snyder & Associates have handled injury cases with liability waivers, and they understand the complexity of these situations. Let our locally-trusted waiver attorneys at Edgar Snyder & Associates deal with the insurance companies over the liability dispute while you focus on what matters most – your recovery.

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