When it comes to personal injury cases, a liability waiver is a document in black and white or comparable form of confirmation that one party swears not to take legal action for possible personal injuries. Liability waivers are most commonly seen at various rental companies meant for recreational activity gears and equipments. For example, at ski resorts, snowboard rental companies usually obliged their renters to sign their name on liability waivers wherein they will promise not to file a case for personal injuries connected to the rental equipment. In the same way, when you go in state parks, they normally ask you to sign a liability waiver for possible personal injury.
You will also normally find liability waivers in various sports that are deemed to be intrinsically dangerous. In numerous rulings, courts have already labeled those activities as sports that are commonly regarded to cause injuries. These courts have already decided that people who chose to take part in these sports must understand they are dangerous, presume the threat of injuries, and they must take all the necessary precautions. One controversial issues on the subject of inherently dangerous activities are sporting events that will include wayward hockey pucks, badly hit golf ball, and foul balls. Previously, courts have decided that if you are hit by any of these objects, then, no one is liable since you already assumed the threat of being hit before you decided to attend sporting events like this.
In spite of this, there is a need for you to keep in mind that even if some sports are considered to be inherently dangerous, that does not mean that it will extend to each and every activity there is. For example, retail stores just cannot mandate their customers to sign a liability waiver for possible injuries like an item or items falling off their shelves and landing on their customer’s head. In this case, the customer can sue the store as they are liable for the accident. That is why, inherently dangerous activities also have a restricted scope.
Waivers of liability is also employed in many hospitals. In this particular case, you are agreeing to pay the hospital for some medical procedures when they finds them medically needed. Aside from that, you might also encounter some companies along with some activities requiring their customers and also their participants to authorize their waivers of liability.
If the court established that your rights were unknowingly waived, then, there is a huge possibility that the waiver will be rejected even if it is considered to be a clearly worded waiver. Therefore, it is highly suggested that you ask a reputable lawyer in the event that you have any questions on the subject of liability waivers.