Whether you’re purchasing tickets for a family day at an amusement park or signing up for a local gym, you’ll likely be asked to sign a waiver before you are able to gain entry into the location. If you’re like most people, you may not even think twice or read through the long document before signing. However, in the event you are injured on the property, you may worry that the waiver will bar you from taking legal action. If this reflects your circumstances, you’ll want to keep reading to learn what you must know about these matters, including the importance of working with experienced personal injury attorneys in Baltimore County to help guide you through this process.
What Must Waivers Include?
A waiver is a legal document that, upon signing, waives the signers right to take legal action in the event they are injured while patiticpating in an event or on the premises of a location. Essentially, this requires the signer to understand that there is an inherent risk of injury and should that injury occur, the company cannot face liability.
A waiver must include certain elements for it to be legally valid. In general, the most important aspect of a waiver is that the terms and conditions of the document are clear and unambiguous. This includes ensuring the activity and its inherent risks are clearly defined and stated. It must also include a release, which essentially ensures that the signer understands that the company cannot face liability in the event of an injury.
Can I Still Take Legal Action if I Signed a Waiver Prior to Injury?
In general, the courts in Maryland will enforce waivers, provided they are legally valid. However, this does not mean you do not have legal options if you were injured as a result of negligence.
There are some circumstances in which a waiver, though legally valid, may be deemed unenforceable by the court due to the circumstances of the accident. For example, if the waiver is not presented to the signer in a timely manner, meaning they are forced to sign without understanding the full implications of the document, it could be deemed unenforceable.
However, most circumstances in which a waiver may not be enforced occur when the negligence that led to the injury is so egregious that it falls outside of the scope of what is covered in the waiver. Generally, if you can prove that your injuries were the result of gross negligence, the court may not enforce the waiver, meaning the other party can be sued.
As you can see, the legality and enforceability of waivers can be incredibly complicated, which is why it’s imperative to connect with an experienced attorney as soon as possible in the event you sustain an injury after signing this document. At the Law Offices of Markey & Oris, our team can examine the circumstances to determine your legal options. Contact us today to learn more about your rights.