Throughout your lifetime, it’s quite likely you have encountered a liability waiver. This may have been before an extreme activity. Like bungee jumping or skydiving, or as part of participation in something that seems rather innocuous. For example like an after-school sports league. However, you may not fully understand what these waivers mean. Here’s a quick guide to these liability waivers you may encounter.
What is a Liability Waiver?
A liability waiver is a form signed by a party that releases another party from liability for damage or injury. The signed party may incur as part of their participation in an event or activity. For instance, in the cases of the aforementioned activities—bungee jumping, skydiving, or sports—the waiver would release the person in charge of the activity from liability if you are harmed in any way. This means that if you are injured in your bungee jumping excursion, you agree not to pursue a personal injury case against the instructor or owner of the bungee jumping company.
When is it Used?
Liability waivers are used in the case of more extreme activities, of course. But they can also be applied in activities you wouldn’t think of having any potential harm involved. For instance, many students or their parents must sign liability waivers. To participate in even the tamest after-school activities, like drama club.
How is it Enforced?
For the waiver to be enforceable, the person signing the waiver must know that they waive a known risk by signing. If a person sues a party for whom they signed a waiver in a personal injury suit, the defending party can use the waiver as a defense in their lawsuit. The waiver is valid and enforceable for as long as specified in the form’s contract language.
If you need help reading through a liability waiver. Trying to overcome a liability waiver after suffering a personal injury. You should contact a reputable personal injury attorney with experience in complex liability cases.
Contact Herrman & Herrman P.L.L.C. at 361.882.4357
Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.
- You can trust our attorneys to be compassionate and professional.
- We will fight hard to obtain a fair settlement for you.
- Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
- We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
- We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.