What Should I Do Before Signing a Liability Waiver?

Whenever you are about to participate in an activity with normal risks, the facilitator may have you sign a liability waiver first. You may be tempted to provide your signature at the bottom of this document without reading its contents, eager to gain access to the event. However, we find this to be an unsound decision. Even if it means missing out on this occasion, we might recommend that you refrain from signing off on this legally binding contract. With that being said, please read on to discover the precautions you should take before signing a liability waiver and how a seasoned Passaic County slip and fall lawyer at the Law Offices of August R. Soltis can help you make the right call.

What is smart to do before signing a liability waiver?

First of all, a property owner or activity facilitator may ask you to sign a liability waiver so that they may be immune from taking any responsibility if you get seriously injured and incur significant damages while on their premises or participating in a certain event. In other words, they may be protected from any civil action (i.e., personal injury claim/premises liability claim) you can possibly take against them. And so, we encourage you to consider the following before signing a liability waiver:

• Read the entire liability waiver document and confirm you fully understand its language.
• Reflect on the risks you are taking/rights you are waiving and ensure you still want to participate.
• Consult with an attorney who can review whether the liability waiver violates state law or public policy.
• Attempt to negotiate clauses within a liability waiver that make you feel uncomfortable or unsafe.
• Ask for a copy of the liability waiver after you have signed it to use for your future reference.

How can I file a lawsuit after signing a liability waiver?

You may have played smart when reviewing and signing a liability waiver. So, in the event of an accident on someone else’s premises or under someone else’s watch, you may be confident in your ability to pursue a premises liability claim against them. This is because you may know that this waiver becomes invalidated and unenforceable when the defendant practiced gross negligence that ultimately prompted your accident. Or, they had a malicious intent that ultimately inflicted your injuries and damages.

The former may apply if the defendant knew or should have reasonably known about a hazardous condition on their premises, but failed to address it before welcoming you as their guest. The latter may be relevant if you have undeniable evidence that the defendant had a wrongful motive when welcoming you as their guest, and consciously and deliberately caused you harm without any valid probable cause or legal justification.

As soon as you find yourself in potential legal trouble, you must retain representation and advisement from a competent Passaic County personal injury attorney from the Law Offices of August R. Soltis. You should not have to put up this fight alone; we are here to help you.