A person could believe that if they signed a release of culpability, the party at fault could not be held responsible if they sustain significant injuries as a result of an accident. That is not always the case. In actuality, a lot of liability waivers are not upheld in court.
Continue reading to learn more, but if you have questions, call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you were hurt in a situation where there was a waiver of liability.
Waivers of liability are only valid in these particular cases
It is simpler to consider particular circumstances in which releases of obligation are upheld than scenarios in which they will not be. For the waiver to be enforceable in law, all three conditions must be met:
- Neither state law nor public policy are broken by the release of culpability.
- The waiver’s language complies with applicable contract law in the state where it was written.
- The injury in question was brought on by either ignoring simple carelessness or the risks that were covered under the contract.
If all three of these conditions are met, it could hold up in court. It should not stand up in court if even one of them is not.
Some states that strictly prohibit disclaimers
It is interesting to note that certain states will not recognize a liability waiver. Virginia, Louisiana, and Montana are those states. The exemptions are quite limited and need to be written very precisely in other states (New Mexico, West Virginia, and Arizona).
The waiver will be examined from every angle by the court
Even if the waiver you signed in California satisfies all three of the aforementioned criteria, it does not necessarily follow that it will be upheld. The contract will be examined by the court as it decides a variety of factors. For instance, they will take into account the specificity of the contract language, whether the action entailed any inherent risks, the severity of the injuries, and other aspects.
It is probable that the waiver will be upheld if it is well-written and the business claiming covered under it took reasonable precautions to safeguard both itself and its clients.
To find out more about any waiver you may have signed, call right away
We advise you to get in touch with a personal injury lawyer right away to learn more about your options if you were hurt in an accident that could be protected by a waiver of liability or other similar contract. Call Law Offices of Fernando D. Vargas at 909-982-0707 whenever it is convenient to accomplish this.
