Signing a Waiver in Pennsylvania: What It Means for Your Rights

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When you sign a waiver, are you really giving up your rights?

It’s spooky-season in Pennsylvania, and while haunted houses and amusement parks are full of frights, one of the scariest things you might face is the legal document waiting at the gate. Before you join the fun, you may be asked to sign a waiver, but what does signing a waiver really mean? Are you giving up your right to file an injury claim if something goes wrong? Our law firm explains what you need to know before signing any liability waiver.

Many of these attractions make participants sign a waiver in order to participate in an event. On this month’s Pittsburgh Today Live’s (PTL) law segment “Straight to the Point,” Christine Zaremski-Young, Edgar Snyder & Associates’ Chief Operating Officer/ Chief Legal Officer and Partner, joins PTL to make sure you know your rights when signing these documents.

David Highfield and Mikey Hood of PTL ask Christine, “When you sign a waiver, are you really giving away your rights?”

“It really depends on what the language is, how it is presented to you, and how you found out about it,” Christine responds. “There’s a lot of different factors that go into it.”

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Do You Still Have the Right to Sue?

Mikey elaborates on the question further, diving deeper into the complications of waivers. She poses a question that most netizens have inquiries about: Can you sue after signing a waiver? According to Pennsylvania law, it depends on several factors, including how the document was presented and what it says.

“Yes, you still have rights, and you can still sue,” Christine confirms.

There are certain situations where a waiver may be invalid. “If it [the waiver] is against public policy, the language is too ambiguous, you were not informed explicitly about what rights you were giving up or if information was hidden from you…the waiver can be disputed.”

These exceptions often apply when a business’s negligence or unsafe conduct goes beyond the risks a person would reasonably expect. If you were injured after signing a waiver, a personal injury lawyer can help evaluate your case.

Certain “hidden” phrases in waivers may not always be maliciously concealed. Small print or details written on the back of tickets is considered “hidden” phrasing.

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Are Waivers Given to Minors Enforced?

Legally binding waivers require you to be eighteen years or older to sign. In Pennsylvania, a minor cannot sign a waiver or enter any type of binding legal document. However, many parents raise the question of whether a waiver is still legally binding if the parent signs on the minor’s behalf. Christine, once again, offers her legal insight into the topic.

“It does not count. A waiver signed by someone under the age of 18 is not legally enforceable. And, as a parent, you cannot sign away a minor’s rights.”

If your child was injured after a waiver was presented, our personal injury attorneys can help you understand your options and whether the waiver can be challenged.

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Do You Have to Sign a Waiver?

What happens if you go to an event and refuse to sign a waiver? Will you still be able to participate?

Most businesses that involve physical activity or inherent risk require participants to sign release forms before joining. These waivers help protect the organization from certain injury claims that come with the activity.

“You have every single right to not sign a waiver, but a business owner also has a right to say, ‘you are not allowed to participate in this event’,” Christine explains.

Understanding liability waivers is essential for both participants and event organizers. Signing a waiver does not always prevent you from taking legal action, especially when negligence or unclear terms are involved.

If you or someone you love was injured after signing a waiver, reach out to Edgar Snyder & Associates for help. Our personal injury law firm has decades of experience guiding clients through complex waiver cases in Pennsylvania. Contact us today for a free consultation and learn what rights you still have.

To learn more about waivers, watch the full video here!