Injured But You Signed a Liability Waiver? Deciding What To Do Next

If you sustained injuries while riding around on a rented jet ski, participating in an extreme sport, or visiting an amusement park for a field trip, you might have the right to take legal action here in Florida. You can explore the idea of filing a personal injury claim against the jet ski rental company or amusement park operator.

Can you still do this if you were injured but signed a liability waiver before your accident? It all depends on the validity of the waiver and any gross negligence that caused your injuries.

See below what you should do next if you signed a liability waiver before your accident.

Analyzing the Validity of a Liability Waiver

Just because you signed a liability waiver before taking part in a potentially risky activity does not automatically mean you can’t file a personal injury case later. There is a chance a liability waiver might not provide a possible personal injury defendant with as much protection as they think.

Ask a personal injury lawyer to review a liability waiver and determine its validity. They may take issue with waiver language and ambiguity or waiver clarity and specificity.

Either way, you should still have a lawyer evaluate your situation if you were injured but you signed a waiver first. Depending on what is included in it, they may discover this waiver is unenforceable.

Searching for Signs of Gross Negligence in a Personal Injury Case

You will need to assume some inherent risks when you participate in certain activities, such as jet skiing, rock climbing, and even riding roller coasters. The waivers that businesses might make you sign are designed to stop you from taking legal action against them if these risks cause bodily harm.

However, these waivers are not designed to protect businesses from any gross negligence they might display when you patronize them. If, for example, a jet ski rental company knowingly provides you with a jet ski that has mechanical issues and you’re hurt while using it, this may constitute gross negligence. The company had a duty of care to keep you safe, and it may have breached this duty based on its negligent actions.

You might also be able to sue a school system if a chaperone didn’t monitor students closely enough during a school trip to an amusement park and your child was injured. If you can prove their negligence caused your child to sustain injuries, it may not matter that you signed a waiver. Their negligence could override this and give you a strong personal injury case.

Contact Us If You Sustained Serious Injuries in an Accident After Signing a Waiver

You might assume you’re out of luck if you were injured but you signed a waiver before taking part in a risky activity. Personal injury lawyer Jeffrey R. Davis, P.A., can try to help show you otherwise. Call us at (305) 577-3777 today to schedule a legal consultation.