Can I File a Personal Injury Claim if I Signed a Liability Waiver?

If you have ever participated in a recreational activity, attended a sporting event, or visited a business establishment, chances are you have been asked to sign a liability waiver at some point. These waivers are designed to protect the business or organization from legal claims in the event of an accident or injury. But what happens if you are injured despite signing a liability waiver? Is a personal injury claim possible?

It’s a question that many people find themselves asking after an unexpected injury. The answer is not always straightforward, as the enforceability of a liability waiver may vary depending on the circumstances of the case. While signing a waiver may limit your ability to sue for damages, it does not necessarily mean that you are completely barred from seeking compensation for your injuries.

Is the Liability Waiver Enforceable?

One key factor to consider is whether the waiver you signed is legally enforceable. In Texas, liability waivers are generally upheld as long as they meet certain requirements. These include being clear and unambiguous, conspicuously displayed, and signed voluntarily. If the waiver meets these criteria, it may limit your ability to pursue a personal injury claim.

It is important to consult with a personal injury attorney to determine if you have a viable claim and if the waiver signed is enforceable in court. An attorney will advise you on your legal rights and options for seeking compensation for your injuries. Remember that even if a waiver is in place, it does not necessarily mean that you are unable to pursue a claim for compensation. 

Enforceable Liability Waivers Are Not Vague

The key factor in determining whether you are allowed to file a personal injury claim after signing a liability waiver is the language and scope of the waiver itself. Some waivers are more comprehensive and clearly worded than others, while some may not hold up in court due to being overly restrictive or unclear in their terms. In addition, certain types of injuries or circumstances may not be covered by a waiver, such as gross negligence or intentional misconduct on the part of the business or organization.

Liability Waivers Must Address Specific and Known Risks

If the waiver did not adequately address the specific circumstances that led to the injury, it might not shield the organization from liability. In cases where the waiver does not cover the specific risks and situations that resulted in the injury, a court may deem the waiver to be invalid or unenforceable. This could potentially expose the organization to liability for any damages or injuries that occurred as a result of those specific circumstances. A waiver that is too general and does not specifically outline the risks and responsibilities of all parties involved may not hold up in court. 

Negligence Invalidates Liability Waivers

If the party responsible for your injuries was grossly negligent or engaged in intentional misconduct, a waiver may not protect them from liability. In these cases, you may still be able to pursue a personal injury claim and seek compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Contact a Texas Personal Injury Lawyer

If you have been injured and are considering filing a personal injury claim despite signing a liability waiver, it is important to consult with a knowledgeable attorney who will review the waiver and assess the viability of your case. An experienced lawyer will provide valuable insight into your legal options moving forward. Even if you signed a liability waiver, you may still have options for seeking compensation for your injuries.

Contact Dale R. Rose, PLLC at (972) 634-ROSE (7673) or fill out our contact form today to arrange a free consultation. Don’t let a liability waiver deter you from seeking justice for your injuries. We are here to help you.