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It's common for businesses who deal in activities that have a high risk of injury to require customers sign liability waivers releasing their companies from responsibility if they get hurt. But signing such a waiver doesn't mean you have absolutely no recourse for collecting compensation if you're injured. Here are two ways you could get around a liability waiver to get your case heard in court.
Prove Gross Negligence
Despite what a business may want you to think, liability waivers are not bulletproof. The company can still be held financially responsible for a victim's injuries if those injuries were caused intentionally or the result of gross negligence.
For instance, the owner of a go-kart business doesn't do any maintenance on the vehicles he rents, and one day a go-kart explodes. Anyone hurt by flying shrapnel could successfully sue for damages because the owner's failure to ensure the go-karts were safe to use would constitute gross negligence since he didn't do any maintenance or repairs on them.
Proving gross negligence can be challenging, because you have to show the person's actions (or failure to act) went above and beyond your run-of-the-mill oversight and into the territory of complete disregard for the safety of others.
Sometimes the line between the two can be subtle, such as a surgeon failing to read a patient's chart for vital information prior to surgery. Was it a mistake or on purpose? It can be hard to tell at times, so it's best to consult with an attorney who can help you investigate and determine the motive behind the perpetrator's actions so you make the right choices in your lawsuit.
Show the Circumstances were Not Covered by the Waiver
Another way you can defeat a liability waiver is to show the circumstances of your injury were not covered by the terms of the contract. For instance, you agree not to sue for injuries you sustain while horseback riding but when taking the horse back to the stable, you hurt your foot stepping on a metal rake that was carelessly left on the ground. You could recover money for your injuries because the way you got hurt had little to nothing to do with the activity covered by the waiver.
Taking this route often requires going over the contract with a fine-tooth comb, which can be a headache since these waivers are typically filled with legalese that can be difficult to translate. However, a competent lawyer can help you decipher the terms and tell you whether you have a viable case or not.
For more information about this issue or help with a personal injury case, contact a lawyer like those at Buckley Law Office.
Share27 August 2020
