This week, we have already discussed liability issues relating to attending baseball games and visiting amusement parks. Today, we would like to conclude the week by talking specifically about written liability waivers. Whereas the waiver of liability is implied on the back of baseball tickets, express waivers of liability are often documents that participants sign before taking part in activities such as bungee jumping, skydiving or water skiing.
These waivers or releases are often enforced as contracts by many courts throughout the country, but you should know that signing one of these agreements does not always necessarily mean you have forfeited your right to sue. A Cincinnati injury lawyer can evaluate the form you signed and determine whether the agreement is valid and legally binding. Some of the issues that can arise in these agreements and may allow you to pursue compensation for any injuries include:
- Content — The release that you signed needs to be clear, concise and easy to read. You may be able to challenge wording that is either too broad or too narrow, the agreement might have failed to release all of the parties you want to sue, or sometimes a smaller font or type can be determined to be too difficult to read.
- Fraud — If the activity had an advertisement or brochure that misrepresented the activity you participated in, the fraud could supersede the liability waiver.
- Gross Negligence — While the liability waivers typically protect defendants from being sued for negligence, your lawyer may be able to invalidate the waiver if the defendant's conduct was especially reckless or grossly negligent.
- Products Liability — A liability waiver can be valid and protect one party from being sued, but it might not prevent you from suing a designer, distributor or manufacturer of a defective product.
As the weather starts to get nicer across Ohio, our personal injury lawyers certainly hope you and your family safely enjoy all that the season has to offer.