A waiver is intended to free a party, typically a company or organization, from liability for injuries sustained by participants. This type of exculpatory contract indicates an acceptance of all risks, known and unknown, by the participant and aims to prevent legal action, such as a personal injury lawsuit, against the company or organization in the case of injury or death.
Are All Waivers Valid?
In order for a waiver to be valid, it must meet some basic criteria. This includes:
- The waiver addresses, expressly or implicitly, all potential risks for harm
- The waiver is drafted and worded in accordance with state, local, and federal law
- The waiver does not violate the law or public policy
If you have been injured while participating in an event, even if you signed a waiver, you may be entitled to seek compensation regardless of the contract. The best way to find out is through a one-on-one consultation at the Lakewood office of the Frickey Law Firm.
Can You Waive Your Right to Sue for Negligence?
While never completely waived, it is possible to seriously complicate your right to sue for negligence. If you have signed a waiver and that waiver meets the necessary criteria, you likely do not have a clear path towards legal recourse. This does not mean that you are without options.
Waivers are exceptionally effective when they are properly crafted, but they are not a shield against responsibility when gross negligence occurs. When a company or organization knowingly endangers clients or participants, they may be held liable for damages even in cases where a release of liability has been signed. Likewise, if conditions and terms have not been satisfied by the company, the waiver may be rendered invalid.
Do I Need a Lawyer for a Waiver Dispute?
It is always a good idea to have an attorney review your injury claim. Insurance companies do not provide significant compensation without a fight – and without an attorney on your side, this fight can prove unwinnable. A knowledgeable and proven personal injury lawyer can make the difference between receiving fair compensation and being left holding the bag.
If you have been injured in an accident, even if you signed a waiver, call the Frickey Law Firm at (303) 625-9346 to schedule a complimentary case review today. Located in Lakewood, we serve all surrounding Metro Denver communities.