Can You Sue For Injuries If You Have Signed A Waiver?
Liability waivers are not uncommon and you will be asked to sign them in a variety of situations. You may be asked when visiting a theme park or when completing certain activities such as skydiving. However, if you are injured and have signed a waiver, you will need to know if you can still file a lawsuit.
Can You Sue After Signing A Waiver
If you are injured after signing a waiver, you might still be able to sue. This is due to the fact that the law is expansive and will take into account various complications which could make the waiver void. However, if you want to file a lawsuit after signing a waiver, you will need to prove that the liability waiver is invalid.
The Validity Of Liability Waivers
The validity of a liability waiver will vary depending on the state you are in. Most states will have certain criteria that the waiver needs to meet in order to be legally valid. You will have to prove that the waiver does not meet these criteria before you are able to file a lawsuit. Most states call for the waiver to be clear, unambiguous, unequivocal and specific.
This means that the waiver must be written in clear language that allows the person signing it to understand the rights that they are sacrificing. If the language is not clear or could be taken to mean more than one thing, the waiver will be invalid. If the terms of the waiver are at all ambiguous, the waiver will also be invalid.
The waiver will also need to use language to specify the limited liability. The waiver will also need to reflect the terms that are being agreed to. If the waiver is not specific, it could be seen as ambiguous and invalid.
Contact an Experienced Liability Waiver Attorney
If you have been injured and signed a waiver before participating in an event, you should contact an experienced attorney. Contact The Miami Injury Attorneys today for more information.