Are Liability Waivers Enforceable in Little Rock?

When you sign up to join a new gym, rent a boat with some friends, or even buy tickets to an amusement park, you will likely sign a liability waiver beforehand. Although you may think that this document is no big deal, it is actually a legally binding contract used to protect the business, company, or organization from any responsibility if you become injured.

When people get hurt after signing a waiver, they sometimes find out that there is nothing they can do to get help with their medical expenses, lost wages, and pain and suffering. However, there are a few exceptions that a Little Rock personal injury attorney may be able to use to get around this.

What is a liability waiver?

A liability waiver is a legal contract that shows the signer agreed to the potential risks and promised not to hold the business or establishment liable if any of the mentioned risks occur. Most liability waivers consist of the following:

• Warning of all risks
• Stating that you were made aware of the risks
• Stating that you take full responsibility of liability if you become injured or hurt
• Line to sign and write the date

Can you sue despite signing a liability waiver?

In general, you typically cannot sue a company for damages once you sign a liability waiver. The reason for this is because the language on the document most likely states that you assume all responsibility for any injuries or harm that you endure while participating in the activity you signed up for.

When you sign and date this form, you are stating that you agree to that statement and will take full responsibility for any injuries or accidents. However, there are exceptions to this. Therefore, if your attorney finds that there may be an exception that could be applied to your case, you may be able to still file a lawsuit even though you signed a liability waiver.

What is one of the most common exceptions that allows you to still sue after signing a liability waiver?

If you and your lawyer can prove that the company or business used liability waivers to get away with failing to do safety or security checks, performing routine maintenance and inspections, or ensuring that safety protocols are in place and followed, the court will likely allow you to use this as an exception to signing the liability waiver. This is because it is the company’s duty to ensure that their customers’ safety comes first, which means that they cannot ask customers to sign a liability waiver instead of following business safety rules and practices.

For example, if you were on a boat and it malfunctioned because it had not been properly inspected and maintained for years and you suffered injuries, you may argue that the boat rental company should have kept the boat up to date and performed necessary repairs before allowing you on it. In this case, the judge or jury will most likely take your point of view into account, which could veto the liability waiver altogether.

What if an attorney was not present when I signed the liability waiver?

It usually does not matter whether an attorney was present when you signed the liability waiver. These documents are considered legal contracts and have a strong chance of being upheld in court. This is why you should make sure you read every detail on the contract before providing a signature and date. However, you can hire a Little Rock personal injury lawyer to find out what legal options you may have to possibly void the liability waiver or reduce its effectiveness.

Does it matter how the liability waiver is written?

It usually does matter how a liability waiver is written. The reason for this is because a liability waiver that is not clearly written and easy to understand may leave room for different interpretations. As a result, the person who signed it may state that they were confused or did not fully comprehend what they were signing. In addition, the court may read the waiver and decide that it is easy to misinterpret, making it unenforceable.

Liability waivers must also comply with the state laws. Therefore, if a company prints off a general form that they found on the internet and it does not comply with the state laws in Arkansas, the court will likely throw it out.

If you were recently injured in an accident after signing a liability waiver, the Little Rock personal injury attorneys at Bailey & Greer are here to help you. We know that these waivers can cause a lot of stress and confusion when you are healing and recovering from injuries that were not your fault. Therefore, if you have any questions or concerns or simply need advice about what legal action you can take, please schedule a free consultation at one of our offices in Little Rock, Memphis, or Jackson today by calling or completing our contact form.