How to Get Out of a Liability Waiver

If you’ve ever engaged in any kind of fun but potentially risky activity — say, playing a sport, riding go-karts, joining a gym — you likely had to sign a handful of legal documents beforehand, and one of those documents was almost certainly a liability waiver. Generally, liability waivers are contracts that require one party to relinquish their right to maintain personal injury lawsuits against the other party (the “counterparty”). If you suffered a severe injury after signing a liability waiver, a Tifton personal injury lawyer may be able to help you get out of it using one or more of the following arguments: 

Ambiguity 

One of the primary requirements for a liability waiver to be enforceable in Georgia is that it be clear and unambiguous. The document must clearly state that the signer is assuming the risks inherent in the activity and waiving their right to pursue legal claims against the counterparty. While the language does not necessarily need to use the word “negligence” explicitly, it should be clear that the signer is releasing the counterparty from liability for negligent actions. 

Gross Negligence or Intentional Conduct 

Liability waivers are enforceable for simple negligence, but not gross negligence or intentional conduct. Gross negligence is a severe form of negligence involving behavior that demonstrates a reckless disregard for the safety of others, while intentional conduct is willfully causing injury to another. For example, plaintiffs often argue gross negligence when business owners fail to comply with basic safety standards governing their industries. 

Fraud, Misrepresentation, or Duress 

As with all contracts, liability waivers are enforceable only to the extent that they were executed voluntarily and with full knowledge of their contents. The party procuring the waiver cannot misrepresent the true nature of the document to the signer, nor can they coerce a signature by threat. One way a plaintiff could argue misrepresentation would be by showing that the waiver language was intentionally buried deep within another agreement. 

The Risk Was Not Inherent in the Activity 

Most liability waivers explicitly disclose the risks that are inherent in the activity to which the agreement applies. For example, a liability waiver for ice skating might mention slips and falls, broken bones, cuts and scrapes, head injuries, and frostbite. Even if the agreement does not explicitly name the inherent risks of the activity, liability waivers generally are not enforceable for injuries that are not due to risks the signer would reasonably expect to encounter. 

Violations of Public Policy 

Georgia courts typically refuse to enforce liability waivers if they find that the waivers include provisions that are against public policy. An example of a waiver that arguably could violate public policy would be one where the parties have vastly unequal bargaining positions and where the signer has no choice but to accept — such as a hospital requiring a waiver for emergency services. 

A Tifton Personal Injury Lawyer Can Help You Fight a Liability Waiver

Do not assume that you cannot sue just because you signed a liability waiver; instead, let an experienced attorney look it over to determine its enforceability. For more information, please contact a Tifton personal injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.