In California, liability waivers are used to help shield businesses from being sued if someone gets injured on their property. Whether they are enforceable or not depends on how well they are drafted and whether gross negligence was involved.
At Arnold Law Firm, we discuss more about liability waivers, including what legal options you may have if you sign them and get injured.
Did you suffer an injury after signing a liability waiver? Contact our law offices to learn whether you may have legal options for recovering your damages. Our Sacramento personal injury lawyers have been helping injury victims since 1975 and have a proven history of results.
Request a FREE, no-risk case review today. Call: (916) 777-7777
In Sacramento, liability waivers may often be enforceable. However, there are certain factors that may enable injured parties to seek compensation even after signing a waiver. Attorneys must review each situation on a case-by-case basis.
Liability waivers are used in many different situations. Most often, however, they may be used by:
In these and other instances where liability waivers are used, businesses hope to limit themselves from liability if an accident or injury occurs.
You can always refuse to sign a waiver. However, be prepared that if you do not sign a waiver, you may not be permitted to participate in the activity.
Additionally, even if you are still permitted to participate, not signing a liability waiver does not necessarily make a business liable if you get injured. A common law doctrine called the assumption of risk may not play out in your favor. Some courts of law, including in California, may interpret this doctrine in such a way that the defendant is deemed not to owe a duty of care to the plaintiff.
An assumption of risk may be either categorized as express or implied:
There may be some exceptions that would allow you to sue after signing a waiver of liability. However, an attorney needs to review each incident on a case-by-case basis.
Under California law, circumstances that may allow a lawsuit to proceed, even if you signed a liability waiver, include incidents where:
Additionally, waivers will not be dismissed or protect providers for incidents involving gross negligence, reckless conduct, willful or wanton behavior, or intentional acts.
A defendant may be deemed negligent if he or she owed a duty of care to the injured party but breached that duty by failing to exercise reasonable care.
Gross negligence involves a much higher level of negligence, such as behavior that shows an extreme or reckless disregard for the safety of others.
Some examples of gross negligence related to waivers of liability include:
At Arnold Law Firm, we are prepared to discuss your situation and determine whether you may have legal options for seeking compensation.
If you were injured due to the gross negligence of another party, we have the resources and staff to investigate your case, gather strong evidence on your behalf and seek full and fair compensation for your damages.
We recommend seeking immediate medical attention following your accident to protect your health and to help link your injuries to the incident.
There are no upfront costs to get started or throughout the legal process. We only get paid if you get paid.
Experienced Lawyers. Proven Results. (916) 777-7777
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