Many recreational activities are inherently dangerous and require a signed liability waiver before you can participate in them. Under Texas law, signing a personal injury liability waiver generally releases another party from being held legally responsible for an injury or damage that the first party sustains. In other words, if you sign a liability waiver and get injured due to an unforeseen risk, you cannot sue the company for compensation.
Types of Activities that Require a Waiver
Some of the most common activities that require a person to sign or agree to a waiver of liability include:
- Bungee jumping
- Equipment rentals
- Snowboarding and skiing
- Amusement parks
- Vehicle rentals
- Major sporting events
- Boat rentals
- Unguided tours
- Cruise ships
- Hunting tours
- Spas treatments
- Medical care (non-emergency situations)
I Signed a Liability Waiver, Can I Still Sue?
If you signed a waiver prior to participating in an activity and you were injured, some circumstances may allow you to still sue the company. If your injury was the result of gross negligence or you were fraudulently induced to sign the waiver, you may be able to pursue a claim.
- Gross Negligence: refers to the willful disregard for participant or customer safety. For example, a company is aware of a potential hazard but does not take action to fix or mitigate the risk of an injury.
If your injury was due to a company’s ordinary negligence, the liability waiver may prevent you from suing the company.
- Ordinary Negligence: refers to the risks or unsafe conditions that can arise even if a company or property owner is attempting to keep the premises reasonably safe—for example, broken equipment, misinformation, improper maintenance, etc.
However, if you suffer an injury resulting from engaging in the activity in an unauthorized manner or during the normal course of participation, the waiver is much more likely to be found valid.
Do I Have To Sign a Waiver?
Yes, if you want to participate in the activity or rent the equipment, the company will typically require you to sign the liability waiver. However, the choice is still yours. Make sure to read every word of the release carefully before signing so you know exactly what rights you may be giving up. Only sign if you agree and fully understand the terms of the contract.
What To Do if You Have Been Injured but Signed A Waiver
The best thing you can do if you are injured but have signed a liability waiver is to speak to a Houston personal injury lawyer. Having an attorney evaluate your accident will be your best option if you want to be fairly compensated. There are distinct factors that render a liability waiver unenforceable. They understand these types of contracts and can help you prove liability.
We Can Help
Contact Milano Legal Group to work with a team that understands these personal injury liability waivers and can help you prove the agreement to be unenforceable. Call us today at (713) 489-4270 or message us online to schedule your free consultation.