Risk Assessment
Liability Waiver
Texas
What if the liability waiver is unclear?
I recently signed a liability waiver for a recreational activity. However, the language of the waiver is vague and unclear in certain areas. I am concerned that I may be held liable for something that was not originally intended in the waiver. I am looking for advice on how to protect myself from potential liabilities that may arise if the waiver is not clear.
1 Attorney answer
Answer
Risk Assessment
Texas
J.R. S.
ContractsCounsel verified
Generally speaking, the purpose of a waiver is to limit the liability of landowners in certain situations for recreational purposes and tends to be binding, whether the signor understands the language or not. I would need more specific information in order to assess if liability might be determined, even with a vague or ambiguous waiver, especially if you or others suffered from injuries incurred during recreational activities. Further research into case law and statutory provisions specifically dealing with the interpretation and enforcement of liability waivers would be necessary to fully answer your question.