With reference to personal injury cases, a written document called the liability waiver or form that is similar to it is a contract wherein one party guarantees not to file a suit to another party for possible personal injury. Liability waivers are most commonly seen at various rental companies meant for recreational activity gears and equipments. For example, ski and snowboard rental companies located at different ski resorts all over the country request their clients to sign their liability waiver swearing not to take legal action for personal injuries associated to their rental equipments and gears. In the same way, when you go in state parks, they normally ask you to sign a liability waiver for possible personal injury.
Also, there are certain sports believed to be inherently dangerous where these liability waivers are generally found. In diverse rulings, these activities were already defined by courts as sports that are normally deemed to cause potential injuries. The courts have previously established that individuals who decided to participate in those sports ought to be aware how dangerous they are, accept the risk of injuries, and also, for them to take all the essential precautions. One controversial issues on the subject of inherently dangerous activities are sporting events that will include wayward hockey pucks, badly hit golf ball, and foul balls. Previously, courts have decided that if you are hit by any of these objects, then, no one is liable since you already assumed the threat of being hit before you decided to attend sporting events like this.
On the other hand, you have to bear in mind that inherently perilous sports or activities do not reach to all activities. For example, retail stores simply cannot ask their customers to authorize a liability waiver in case of potential injury, for instance, one of the items that will fall off a shelf and hit one of their customers. In this case, the customer can sue the store as they are liable for the accident. That is why, inherently dangerous activities also have a restricted scope.
Waivers of liability is also employed in many hospitals. This is the case wherein patients consent to pay for specified medical procedures as long as the hospital consider them medically indispensable. In addition to that, there are other companies as well as companies that also oblige their customers and their participants to sign their liability waivers.
In the event that the courts find out that the person’s rights were unintentionally waived and the waiver was clearly worded, the court might reject it. Therefore, it is highly suggested that you ask a reputable lawyer in the event that you have any questions on the subject of liability waivers.