Recent Answers to Rock Climbing Gym Law Questions
Can I be held legally responsible if someone signs a release form before participating in an activity and then gets injured?
Rock Climbing Gym
Release Form
Texas
I recently started a small business that offers outdoor adventure activities, such as rock climbing and hiking. I want to make sure I am protected from any potential lawsuits in case someone gets injured while participating in these activities. I have heard about release forms and I am wondering if I can be held legally responsible if someone signs a release form before participating in an activity and then gets injured. I am concerned about the potential liability and want to ensure that I am taking the necessary steps to protect myself and my business.
Darryl S.
Yes - you may still be held liable even if a customer signs a release. A release will not protect you from gross negligence or willful misconduct on your part. These terms have specific legal definitions and would be adjudicated based on caselaw, but basically egregiously dangerous behavior (such as not using safe equipment) or misleading customers/lying could still expose you to liability.
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