You signed a waiver: Do you have the right to sue?

On Behalf of | Jan 10, 2022 | Firm News

You have likely signed many waivers or release forms at places like water parks, amusement parks or gyms over the years. These documents state that you acknowledge the risks associated with your chosen activities at a business location.

If you sustain injuries at an entertainment venue, you may wonder if the waiver you sign prevents you from pursuing legal action against the responsible party.

Understanding liability waivers

Waivers cover ordinary negligence, but they do not protect companies from acts of gross negligence. Determining if an operation is grossly negligent requires thorough knowledge of the laws related to this kind of liability. Massachusetts law has specific criteria that define when gross negligence occurs.

These laws can prevent you from filing a lawsuit if you sign a release to participate in a potentially dangerous activity. However, each situation is unique, and the circumstances of your accident may still allow you to sue the negligent party.

Knowing the limits of release forms

When you sign a document releasing a venue from liability, there are limits to what protections it affords the business. Some events you could sue for include:

  • Accidents resulting from an intoxicated ride operator
  • Injuries stemming from a mechanical error
  • Incidents caused by a company’s disregard for safety
  • Mishaps induced by defective products or equipment
  • Damages arising from fraudulent services or activities

After signing a waiver, filing a personal injury lawsuit requires understanding your legal rights. A waiver does not exempt a business from any responsibility regarding your safety. When an accident results from a company’s failure to ensure reasonable and adequate protection on its premises, you have the right to seek monetary compensation.

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