- Accident and Injury Law
- Personal Injury Lawyers
- The Language of Accident and Injury Law
- Waiver of Liability
A waiver of liability is an agreement that many individuals and businesses utilize to protect themselves from personal injury cases; they have those that they deal with sign the agreement, relinquishing their right to sue for personal injuries. These waivers, also called releases, are quite common, often used by recreation or entertainment facilities, such as ski slopes, bicycle and skate rental shops, bungee jump parks, and amusement parks.
Some sports, such as bungee jumping, have been declared by courts to be inherently dangerous. If this is the case, all participants are said to have voluntarily waived the right to sue and recover money in the event of an injury; this is because it is common knowledge that the sport is dangerous and may cause injury and the risk of this is a necessary part of participating.
Furthermore, even without a waiver, the assumption of risk has been used to protect the owners of ballparks and golf courses from personal injury lawsuits on the part of injured parties struck by stray balls. The court determines that by going to the ballpark or golf course, the person is assuming the risk that he or she might be struck by a ball.
However, even if an individual has signed a waiver, he or she may be able to recover damages for personal injury or wrongful death in certain cases. It is always advisable to speak with an experienced personal injury lawyerto determine what your rights are.