A Close Look At Liability Waivers
Some adults enjoy the prospect of taking risks. That fact has been proven by all the customers at facilities that ask each customer to sign a waiver.
What function does a waiver play?
A waiver is a document that a given party signs before taking part in a particular event. That event is one that forces the signing party to accept an added amount of risk. The event might be one that involves taking part in or watching a sports competition. It could also be one that calls for the utilization of the equipment at a particular entertainment facility.
What are some examples of entertainment facilities at which customers need to sign a waiver?
• A resort for skiing
• A rock-climbing facility
• A facility that allows customers to take part in a hatchet throwing competition.
• Any of the facilities that offer a chance to try bungee jumping.
• Any of the facilities that give customers a chance to try parachuting from a plane.
What is the legal strength of a waiver that has been signed by a customer at such a facility?
To some extent, its strength depends on the nature of the injury sustained by the customer that has signed such a waiver. Someone that has suffered a serious injury should have better luck contesting the waiver’s strength.
Another factor that relates to the nature of the customer’s injuries relates to the type of risks associated with the facility’s dangerous activity. Does participation in such an activity normally invite the type of injuries suffered by the customer that has chosen to contest the waiver’s strength? In other words, does the waiver cover an incident that seldom arises, when someone takes part in the activities in which a given facility’s customers can participate?
The time at which a possible lawsuit has been filed also plays a part in determining the waiver’s strength. If it is not filed soon after occurrence of the injury-causing event, then the facility’s insurance company could argue that the customer had failed to mitigate the consequences of the injury.
How a customer might make a personal injury claim, after being injured at a facility where the same customer has signed a waiver?
First the former customer with the injury must speak with a personal injury lawyer in Cathedral. Together, the lawyer and client must consider whether or not the injury was caused by someone else’s negligence. For instance, did a customer that had paid to parachute from an airplane get handed a torn parachute, one that the facility had failed to repair or replace? That could serve as an example of negligence. Customers expect to receive good equipment. Customers given non-functional equipment definitely have grounds for a lawsuit.