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What are the Possibilities to Overcome a Liability Waiver?

Sunset West Legal Group > Uncategorized  > What are the Possibilities to Overcome a Liability Waiver?

What are the Possibilities to Overcome a Liability Waiver?

If you have ever joined a gym, gone rock climbing, enjoyed rides a theme park, or participating in a sporting event, you most likely have signed a liability waiver. Most people are unaware of this fact, or what a liability waiver really means. Read on to learn more about liability waivers, and the possibilities to overcome one if you are injured.

What is a Liability Waiver?

A liability waiver is an often overlooked element of many contracts or documents signed when participating in certain activities. These waivers are designed to protect the business if a patron becomes injured on their property, or while using their facilities. For patrons, it means that you will not hold the business liable if you become injured, because you have assumed the risk.

Under California law, in order to be enforceable, a liability waiver must be clear, explicit, and unambiguous. The waiver must be clear and not hidden within fine print.

Possibilities to Overcome a Liability Waiver

If you or a loved one were injured while participating in an activity that required you to sign a liability waiver, you may be wondering if there are options to overcome the liability waiver and take legal action. In California, there are possibilities, such as:

  • You can prove that the defendant was violating state or federal law.
  • You can prove that the defendant was grossly negligent. A liability waiver only applies to injuries caused by ordinary negligence. Examples include:
    • A gym fails to perform routine preventative maintenance
    • A facility fails to comply with the owner’s manual resulting in an “extreme departure” from ordinary standards.
    • A clerk ignores the patron detailing his horseback riding experience level and assigns him a horse that should only be used for experienced riders.
  • You can prove that the defendant acted intentionally.

To find out what options you may have, contact our personal injury law firm today!

Sources:

https://www.plaintiffmagazine.com/recent-issues/item/defeating-liability-waivers-and-the-primary-assumption-of-risk-defense

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