I Signed A Waiver, Then I Got Hurt CAN I STILL SUE? If you’ve ever signed up to do a recreational activity that’s more dangerous than your average activity, you may have had to sign a liability waiver. I know I’ve had to sign fraudulent means or coercion, courts will usually deem it unenforceable.
The most nuanced area of law surrounding liability waivers, however, is negligence. While waivers will protect businesses from claims of ordinary negligence, they cannot protect businesses from claims of gross negligence. Without delving too much into the legalese about what exactly constitutes “gross negligence,” suffice it to say that it is negligence of a much higher magnitude and much less watchfulness in situations of great danger, even considering the already dangerous nature of the situation. If you believe you signed your waiver under duress, or your injuries were a result of gross negligence, you may be able to pursue a claim against a business regardless of their waiver. If you believe you may have a case, you should first make sure you understand your rights and educate yourself about your situation. The Spada Law Group website has several free consumer guides and videos for you to reference. If you have any questions, just give us a call at 617.889.5000.
several such waivers for things like skydiving, snowmobiling, zip lining, and even go-kart driving. Chances are, you’ve probably signed one of these waivers too. I’ve worked with clients in the past who have injured themselves while participating in activities for which they signed one of these waivers. While they generally (and I stress “generally”) preclude participants from filing a suit against the company that made them sign the waiver, determining whether this is actually the case requires careful review of the waiver itself, knowing the circumstances under which it was signed, and understanding the level of negligence involved. All rules have their exceptions, and in the case of liability waivers, the most common is made for gym memberships. Essentially, gyms can’t use membership contracts as a means to protect themselves against lawsuits. In other cases, if the waiver was obtained through
review of the month
“Len, Robyn, and the entire Spada office staff were a pleasure to work with from our initial meeting to our wrap-up session. The office is in close proximity to North Shore, surrounding towns, and Boston. Len was courteous and sensitive to our issue as a whole and even more so that it involved a traumatic personal injury incident and our minor child. As the case came to a close, Len took one last step and recommended an additional visit to a specialist to be certain all bases were covered. Len and Robyn were responsive to all communications that included phone calls, emails, and even texts. The situation wrapped up quickly, which is not to say in haste, but rather via a thoughtful, realistic approach from start to finish. I would not hesitate to use the Spada firm again if there was ever a need. I would recommend to family, friends, and readers of his reviews who are seeking a personal injury attorney who cares as well.” –Allyson J.
2 • SPADALAWGROUP.COM
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