Recent Answers to Waiver Law Questions
Can a waiver signed by a participant in a recreational activity protect the activity organizer from liability for injuries caused by their negligence?
Contracts
Waiver
Washington
I recently participated in a recreational activity organized by a local company, and before participating, I was required to sign a waiver releasing the company from any liability for injuries. During the activity, I sustained a serious injury due to the organizer's negligence in maintaining the equipment. I am now wondering if the waiver I signed is legally enforceable and if it can absolve the company from responsibility for their negligence, or if I still have grounds to seek compensation for my injuries.
Merry K.
I am very sorry to hear about your injuries, and wish you a speedy and quick recovery. Many attorneys who practice full-time in personal injury law (I'm not one of them) can overcome a release and waiver. Moreover, it's often possible to go after more than just the company in this type of circumstance - there's the company, but there's also the Board, there are individual employees, and there is the manufacturer of any equipment uses (this would be a products liability matter). In Washington, you have at least a year to sue for personal injury. I recommend that you talk with at least three personal injury attorneys. They will want you to have a time line of the event and all the medical treatment you received, and will want to see all your medical records. You don't need someone in your county - it can be anyone licensed in WA State.
Should I have my gym members sign a separate liability waiver or is it fine to put language in my membership agreement?
Business Contracts
Waiver
New Jersey
I run in gym in New Jersey and currently have a clause in my membership agreement that covers our liability. I want to understand if that is enough or if I should have a separate document for my members to sign.
Jane C.
Yes. If worded correctly, a liability waiver is effective. Note that a few states do not allow liability waivers and others have strict requirements for their enforceability. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
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