Precautions to Take Before Signing a Liability Waiver

Many businesses, event organizers, and organizations use liability waivers to limit their exposure to liability claims in case of injury. For example, some gyms include liability waivers in their application forms.

A properly designed liability waiver is not bad; just make sure you understand the waiver and your rights before signing or participating in the event. Below are some measures to take first.

Assess the Risk

The first step is to evaluate the risk you are about to face. You might want to reconsider signing the waiver and participating in the activity if it's too dangerous, especially if you didn't have prior knowledge of the waiver. You can assess the risk by:

• Inspecting the premises hosting the activating
• Inspecting the equipment involved in the activity
• Asking the organizers or the people in charge for their security measures

Say a new roller skating center has opened up in your neighborhood. You should assess the rink's safety before signing any liability waiver. At least, you need to reassure yourself that the facility is not using the waiver to avoid liability claims that might arise due to their dangerous premises.

Evaluate Past Complaints

Another tip is to research past safety violations involving your activity or premises of interest. In fact, you should go a step further and research liability claims or lawsuits that the violations might have triggered.

Such research is easy in this day of the internet and social media sites. Your main interest should be the frequency of such violations and claims. The research can open your eyes to the role the waiver you are about to sign might have played in past claims.

Ask About Insurance Coverage

Businesses or organizations that care about safety and liability claims purchase insurance coverage for risky events. For example, a race organizer should have insurance coverage in place to protect those who might suffer injuries during the race. The availability of such insurance coverage means that:

• You are likely to get compensation in case of an injury
• The business takes relevant precautions to prevent injuries that might raise its insurance rates
• The business doesn't have to compensate you out of pocket, so it's likely to cooperate during the injury investigations

Thus, you should confirm the availability of such insurance coverage before signing the waiver.

Scrutinize the Waiver

A liability waiver is like a legal contract between two parties. Like other legal contracts, you need to scrutinize the waiver before signing it. Specifically, you should understand the specific risks from which you are releasing the other party from liability.

A good liability waiver should not be difficult to understand. The waiver should:

• Use clear language
• Be easy to identify as a liability waiver and not as another document
• Use easy-to-read font size and color

Don't hesitate to ask for clarification if you don't understand the waiver.

Understand There Are Exceptions

Lastly, you should not let your fear of waivers prevent you from enjoying your life and hobbies. After all, liability waivers have exemptions – even though businesses or organizers would have you believe otherwise.

For example, a liability waiver might not be enforceable if:

• It attempts to prevent intentional tort or gross negligence claims
• It involves a minor's potential injury
• It violates government laws and regulations

In short, a liability waiver is not a catchall document that prevents people from facing the consequences of their actions. You can always take your claim to court and let the judge decide on a waiver's enforceability.

Contact Jarve Kaplan Granato Starr if you have suffered damages after signing a liability waiver. We will scrutinize the circumstances of your injuries and the contents of the waiver you signed to determine the damages you may recover.