Overcoming A Florida Liability Waiver

Overcoming A Florida Liability Waiver

It is hard to avoid liability waivers, almost all service providers and establishments have them now, from gyms and movie theaters to hotels and catering companies. Even if you wanted to avoid contracting with any establishment that required you to agree to a liability waiver, you probably could not. Many venues, particularly ticketed venues, like concert halls and theme parks, have liability agreements that you implicitly agree to by virtue of buying the ticket and attending the event. In many cases, people do not truly confront the terms of a liability waiver until a injury has occurred, and they are encountering it as a roadblock.

Understanding Liability Waivers

Liability waivers are often long and complex and can feel like an impossible amount of red tape. However, just because a company puts it in writing that they are not liable for any injuries, does not mean it is true. Companies still owe their clients a reasonable standard of care, regardless of what they put in writing. It likely is not possible for companies to absolve themselves of illegal negligence or recklessness in writing. For this reason, if you have been injured and are dealing with a liability waiver that feels like a dead-end, it is important not to give up hope. Instead, consult with an experienced Florida personal injury attorney in order to determine whether the liability waiver can be challenged or overturned.

If you have been injured due to an accident that was not your fault, you do not have to shoulder the burden alone. Whether it was the result of a trucking accident or an aggravated assault, the experienced Central Florida Personal Injury Attorneys at HAWM Law are ready to help you fight to get you the compensation to which you are legally entitled. It is important not to waste any time, as Florida has statutes of limitations on how long you have to bring a personal injury claim.

Challenging and Overturning Florida Liability Waivers

There are a number of ways to challenge and overturn Florida liability waivers so that you are still able to recover fully for your injuries and damages suffered. If the language waives all liability, this is a red flag that it is likely too broad and will be overturned in court. In order to be valid and enforceable, a waiver must make it clear to the person signing it what risks they will be encountering, as well as that injury is possible, and that the establishment will not be held liable for the injuries. If the language is too broad, for instance, “I [insert name] agree to release X Establishment of all liability,” this could potentially even absolve them of identity theft. It would not be clear to the person signing it what risks they would be encountering and that injury is possible. Overly broad waivers can be challenged and overcome in court.

Additionally, waivers cannot serve to help establishments avoid accountability for gross negligence or recklessness on the part of their agents or employees. If a waiver absolves an establishment or provider of negligence or recklessness, this is a red flag that the waiver is invalid and will not hold up in court.

As you can see, liability waivers are often not as iron-clad as they seem. In fact, the broader they are, the less likely they are to be valid. For this reason, if you have been injured and are encountering a roadblock in the form of a liability waiver, it is critical to talk to an experienced Florida personal injury attorney as soon as possible.