Liability Waivers – Fact or Fiction?

Lakewood, Colorado Personal Injury Lawyer Serving Denver, Boulder, and Nearby Areas

Posted: February 20, 2020

Liability waivers are commonplace; they exist to protect a business or organization from lawsuits if you are injured or harmed. You have probably signed a good number of liability waivers without thinking twice or even really understanding what you were signing.

If you have been injured after signing a liability waiver, call the team at the Frickey Law Firm to find out your options for recovering damages. Our personal injury attorneys are experienced at helping accident victims recover damages and holding negligent parties accountable. In any case, before you sign another waiver of liability, read on to learn more about what is fact or fiction when it comes to these legal documents.

What is a Liability Waiver?

A waiver of liability may also be referred to as a release form. Once you sign, you have contractually agreed to its terms. Most likely, when you sign, you are agreeing to waive your right to sue the company if you are injured or suffer other losses.

Liability waivers can come in different forms. Sometimes the waiver will be printed for you to physically sign. Other times, it is included as part of a larger document detailing terms and conditions.

You may be asked to provide an electronic signature, or you may automatically enter into the agreement by consenting to an app’s terms and conditions. You may not even have been aware that you agreed to release a company of liability when it comes to using certain apps and services, or if you make the error of not reading a document before signing.

Who Uses Liability Waivers?

white water raftingLiability waivers are used by many businesses and organizations. You may be asked to agree to release a company of liability before:

  • Using a facility.
  • Using an app.
  • Renting a recreational vehicle.
  • Participating in a risky activity, like skiing or white water rafting.
  • Taking part in a fitness class.

Fiction: Every liability waiver is enforceable.

The strength of a liability waiver depends on several factors. If a court finds that the waiver you signed was deficient in meeting certain standards, the waiver may not hold up, and you may be able to hold the company accountable. The following can affect whether a waiver of liability is enforceable:

  • Clarity - A waiver must clearly state that you release the company from all liability, including negligence.
  • Presentation – The waiver must be reasonably legible and should be delivered in a way that makes it easy to see what you are reading and being asked to sign. For instance, a waiver that is provided on its own sheet of paper may be more enforceable than one that is given to you as part of a bigger document.
  • Violation of state law or public policy – If a waiver’s wording or terms conflict with state or common law, it may be found unenforceable.

Fact: You may still have a right to sue if you signed a waiver of liability.

Before you assume that you have waived your right to hold a negligent company accountable, contact our office. While a waiver of liability is a contract, contracts can be found invalid by a Colorado court. Alternatively, you may be able to sue a third party in certain cases. Some examples in which a liability waiver may not apply include:

  • Extreme cases - If the court determines a company has been grossly negligent or exhibited a severe disregard for safety.
  • Product liability – If a defective product caused your injury, you may be able to sue the product manufacturer.
  • Fraud – If a company falsely presents a service or activity, you may have a fraud case that could invalidate the waiver.

Call Us for a Free Case Evaluation in Lakewood

If you suffer an injury due to another party’s negligence, the team at the Frickey Law Firm can help. Call us at 303-237-7373 to schedule a free consultation with one of our personal injury attorneys. We serve clients in Denver, Lakewood, Boulder, and the nearby areas of Colorado.

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