If you have been injured and you believe you cannot sue the at-fault party because you signed a liability waiver, you need to speak to a seasoned Miami injury attorney about your legal rights and options. At the Law Offices of Robert Dixon, we understand that waivers are not always enforceable and will do our best to make sure you get the justice and compensation you deserve for your harm.
Many businesses require people to sign a liability waiver before allowing them to partake in certain activities. A liability waiver is a type of form that releases a party from liability for harm or damage that might take place under contract. In other words, the individual signing the contact “waives” his or her right to hold the other party liable for injury or losses. These agreements are common in a wide range of activities, from go karting to white water rafting. It is important to note that just because you signed a waiver does not necessarily mean you will be barred from suing in the event of an accident or injury. The general rule is that while waivers of liability can insulate businesses from liability of acts for negligence, they cannot insulate from gross negligence. A waiver may be unenforceable for a number of other reasons as well.
A Recent Florida Case Involving a Liability Release Waiver
A Florida appeals court recently discussed the parameters of a liability release waiver and if such an agreement could preclude a plaintiff from pursing a claim of gross negligence against the at-fault party. In this case, a woman signed a release and waiver of liability and assumption of risk agreement to access a restricted area of a speedway. During the race, she was killed when a tow truck backed over her. The plaintiff filed a wrongful death lawsuit against the speedway. The trial court found that the release agreement barred the lawsuit, finding that it only applied to gross negligence and pointed out that no gross negligence took place in this case.