Recent Answers to Risk Assessment Law Questions
Is signing a Release and Waiver Agreement legally binding and does it protect me from liability?
Risk Assessment
Waiver And Release
Texas
I recently participated in a recreational activity where I was required to sign a Release and Waiver Agreement before participating. I am concerned about the language in the agreement and want to know if signing it would legally protect me from any liability or if there are any circumstances under which I could still be held accountable for any injuries or damages that may occur during the activity.
Darryl S.
Signing a waiver limits the liability of the provider of the recreational activity, but likely does not limit YOUR liability if you caused some kind of accident/incident/damage during the activity. These documents typically shift risk TO YOU and away from the provider. The exact situation and specific facts will matter a lat, as well as the specific language of the waiver.
What if the liability waiver is unclear?
Risk Assessment
Liability Waiver
Texas
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.
J.R. S.
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.
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