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DO LIABILITY WAIVERS PREVENT VICTIMS FROM FILING PERSONAL INJURY LAWSUITS?

Published by Bill Laubscher at August 9, 2024

A liability Waiver with a pen on top of it

Signing a liability waiver is a customary procedure at venues such as fitness centers, bicycle and boat rentals, ski resorts, local sports programs and summer camps. In fact, although a business cannot force patrons to sign a waiver, they can deny admission to those who refuse to comply. Unfortunately, this leads many people to sign documents without reading or understanding what they are agreeing to. While signing a waiver may feel routine, it can be extremely problematic when someone is involved in a personal injury lawsuit.

However, while signing a waiver creates challenges, it is possible to sue a provider and receive compensation with the help of an experienced personal injury lawyer.

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WHAT IS A LIABILITY WAIVER?

In simplest terms, a liability waiver is a contract that releases a provider, such as a camp or fitness center, from responsibility if a participant is injured. Signing one of these documents, also known as “hold harmless” clauses, means you understand the inherent risks of the activity and agree not to take legal action against the business for any injuries or damages you (or your minor child) sustain.

In addition, some liability waivers include an indemnity agreement, which is used when a participant is injured and files a claim against the business. The agreement states the plaintiff must repay the provider any compensation received from the lawsuit, plus any costs incurred as a result of the claim, including medical bills and legal expenses.

Recommended reading: How to File a Michigan Personal Injury Claim

WHAT DOES “ASSUMPTION OF RISK” MEAN IN A PERSONAL INJURY CASE?”

When a person chooses to participate in an activity, it is assumed they understand and accept the inherent risks. For example, baseball fans realize that getting hit by a ball is one of the risks of attending a live game. Therefore, it would be difficult to sue the stadium for an injury caused by a fly ball.

On the other hand, slipping and falling in a stadium because of broken concrete or a broken handrail may be grounds for a personal injury lawsuit.

People who engage in sports such as skiing, mountain climbing or snowmobiling are expected to be aware of the potential risks of these activities. A skier who falls and breaks a leg would not have grounds for a personal injury claim unless the fall occurred because of a hazardous condition the property owner neglected to remedy.

Additionally, some liability waivers include a specific “assumption of risk” statement, while it is implied in other agreements. Whether it is express or implied, a business will typically use this defense to avoid responsibility if a patron is injured.

Therefore, it is important to contact a reputable personal injury lawyer as soon as possible if you are injured after signing any kind of liability waiver.

DOES A BUSINESS NEED A SIGNED WAIVER TO DENY RESPONSIBILITY IN A PERSONAL INJURY LAWSUIT?

No. Many businesses include waivers on their websites or tickets to concerts or sporting events. For example, next time you attend a Tigers game, notice the very fine print on the back of your ticket contains legal language that releases all MLB-related entities from liability in case of illness or injury.

WHAT IS COVERED BY A STANDARD LIABILITY WAIVER?

A typical liability waiver exempts a business from ordinary negligence, when a provider breaches their duty to maintain a safe environment. To prevail in a personal injury lawsuit when a waiver has been signed, the plaintiff must prove the establishment is guilty of gross negligence, which typically involves recklessness or intentional harm.

However, the difference between ordinary and gross negligence can be a fine line. For example, a bump in a rug that causes someone to trip is more likely to fall under the category of ordinary negligence. In contrast, exposed electrical wiring that causes a visitor to be seriously injured may be considered gross negligence that is grounds for a personal injury lawsuit.

Nevertheless, because each case involves different circumstances, there are always exceptions to these guidelines. Therefore, it is best to contact a knowledgeable personal injury attorney if you are injured after signing a liability waiver.

ARE LIABILITY WAIVERS ENFORCEABLE UNDER MICHIGAN LAW?

In Michigan, liability waivers are enforced more stringently than in many other states. However, these waivers may be deemed invalid in certain situations.

Here are some reasons a court may rule that a waiver is not enforceable:

The language of the waiver is unclear or ambiguous.
The waiver did not list the “inherent risks” of an activity.
The provider was guilty of extreme negligence, reckless behavior or intentional actions that resulted in the harm or injury.
The provider attempted to obscure the waiver. An example would be placing it in the middle of a gym membership contract without any delineation.

WHAT HAPPENS IF I SIGN A LIABILITY WAIVER ON BEHALF OF MY MINOR CHILDREN?

Contracts signed by minors (under 18) are not legally binding under Michigan law, including liability waivers. But, when a parent signs a waiver on a child’s behalf, the rules are more complicated.

In 2010, the Michigan Supreme Court ruled that parents cannot legally waive liability on behalf of a child. Then, in 2011, a new law allowed businesses to enforce liability waivers signed by parents of minors. However, these waivers are only enforceable under very specific circumstances:

The recreational activities must be sponsored or organized by non-governmental, non-profit organizations.
The law does not apply to activities provided by for-profit companies or governmental bodies, such as schools.
If an injury was caused by negligence or reckless behavior on the part of the organization or its employees, the waiver is not enforceable.

CAN I FILE A PERSONAL INJURY LAWSUIT AFTER SIGNING A WAIVER?

Sometimes. Like many areas of the law, the legal issues surrounding liability waivers are complicated. Depending on the circumstances, a victim who signed a waiver may still be able to sue a provider, especially if the business was negligent or their equipment was faulty. However, to prevail in a lawsuit, the plaintiff must prove the injury resulted from gross negligence on the party of the provider.

Another factor is the language of the liability waiver. If a document was unclear or written in “legalese” the average person would not understand, a skilled attorney may be able to hold the business responsible. However, if the document was clearly written and voluntarily signed, it may be harder to challenge its validity.

In any case, it is important to contact an experienced personal injury lawyer as soon as possible if you or a loved one is injured at a recreational or entertainment venue.

WHAT ELSE SHOULD I KNOW ABOUT LIABILITY WAIVERS?

Liability waiver laws vary according to state, so if you or your children will be attending a camp or other program outside Michigan, check the laws in that state before signing a waiver.
Be wary of signing a liability waiver that includes an indemnity agreement.
Make sure you understand all waivers and other agreements before you sign and ask questions if you are unsure.
If you or your child is injured after you have signed a waiver, contact a reputable personal injury lawyer as soon as possible.

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Personal injury law is complicated, but finding the right personal injury attorney is simple.

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