Even with a signed waiver, courts may allow lawsuits for unsafe facilities, improper instruction, or staff negligence.
Waivers are designed to limit a business’s liability, but they are not law. In fact, depending on the circumstances, injury victims can still pursue legal action—even after signing one. Understanding the legal power and limits of these agreements can make all the difference after an accident.
What Is a Liability Waiver?
A liability waiver, sometimes called a release of liability or hold harmless agreement, is a legal contract where a person agrees not to sue a business if they get injured during an activity.
You’ve likely signed one before for things such as:
- At a climbing gym or obstacle course
- Before renting a jet ski or kayak
- When your child joins a sports team or summer camp
- At a medical spa or wellness clinic
Most waivers use broad language stating the business is not responsible for injuries, even if caused by its own negligence. But can a business really waive away its legal obligations?
Waivers Are Not Always Legally Enforceable
While waivers can offer legal protection, they are not bulletproof. Courts across the U.S. have struck down liability waivers that are:
- Too vague or difficult to understand
- Signed under pressure or without proper disclosure
- Unconscionable or unfair to one party
- In violation of public policy (e.g., for essential services)
Additionally, states differ in how strictly they interpret these contracts. Some states (like California and Florida) may enforce well-written waivers, while others (like New York or Virginia) tend to limit their reach.
When Can You Still Sue After Signing a Waiver?
Even if you signed a waiver, contact a personal injury lawyer. You may still have a case if:
1. The Business Was Grossly Negligent or Reckless
Waivers typically cover ordinary negligence—but they cannot protect a company from gross negligence, recklessness, or intentional harm. For example, if a gym knew its equipment was faulty and failed to fix it, they may still be liable for your injuries.
2. The Waiver Was Ambiguous or Hidden
If the waiver wasn’t clear or was buried in fine print, a court may find it unenforceable. Parents signing for children are also a legal gray area—many states do not allow a parent to waive a minor’s right to sue.
3. The Activity Was Poorly Supervised or Unsafe
Even with a signed waiver, courts may allow lawsuits for unsafe facilities, improper instruction, or staff negligence. Businesses have a duty to provide reasonably safe environments regardless of paperwork.
What You Should Know Before You Sign
- Read the waiver carefully. If the language is unclear or overly broad, ask questions.
- Don’t assume you’re out of legal options if you’re injured. A signed waiver doesn’t mean your case is over.
- Keep a copy of any document you sign before participating in an activity.
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