When a person suffers a serious injury after being involved in an accident, they might assume that if they signed a waiver of liability, the at-fault party could not be held accountable. This is not always true. In fact, many liability waivers do not stand up in court. Keep reading to get the facts, but if you have suffered an injury in a case involving a waiver of liability, you can also contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Waivers of Liability Will Only Be Upheld in These Specific Situations
Instead of looking at situations in which waivers of liability will not be upheld, it is easier to think of specific situations in which they are upheld. All three must be true for the waiver to be legally valid:
- The waiver of liability violates neither state laws nor public policy.
- The waiver is worded in accordance with contract law in the state in which the waiver was created.
- The injury in question resulted from the risks that were covered in the contract or from disclaiming simple negligence.
If these three elements are true, then it might be held up in court. If even one of them is not, then it should not hold up in court.
Some States Do Not Allow Disclaimers at All
Interestingly, there are some states that void any waiver of liability. Those states are Virginia, Louisiana, and Montana. In other states (New Mexico, West Virginia, and Arizona), the waivers are extremely restricted and must be worded very specifically.
The Court Will Look at All Aspects of the Waiver
If you signed a waiver in California, and it meets all three requirements listed above, this does not mean that it will automatically stand up. The court will look at the contract and determine a number of elements. For example, they will consider if the language in the contract was specific, if there were inherent risks involved in the activity, the seriousness of the injuries, and other factors.
If the waiver is well written, if the company that claims coverage by the waiver took reasonable steps to protect itself and their clients, then it is likely the waiver will stand.
Call Now to Learn More About any Waiver You Might Have Signed
If you have suffered an injury in an accident that might be covered by a waiver of liability or similar document, we recommend you contact a personal injury attorney right away to find out what your options are. You can do this by calling Law Offices of Fernando D. Vargas at 909-982-0707 at your convenience.
