Have you ever signed a waiver before starting a new job, diving into a fun activity, or stepping onto certain properties? Employers and businesses often use these waivers to shield themselves from liability if you or someone else gets injured. However, recent shifts in how U.S. courts handle Non-Disclosure Agreements are casting a wider net on the debate: it turns out that contracts that seem to waive your rights might not be as foolproof as they appear. Even after a waiver has entered the picture, you may be entitled to compensation for any injuries you endure, and Probinsky & Cole can help you discover your options.
Can You Still Pursue a Personal Injury Claim Even After Signing a Waiver?
Waivers have a purpose and place in society, as some activities include a bit of inherent risk no matter what. But here’s the kicker: they don’t offer blanket immunity. In many cases, one or more surrounding issues make the waiver not worth the paper it’s printed on.
Most importantly, waivers can’t protect against gross negligence or outright intentional harm. For instance, skydiving may have some inherent risks, but a waiver won’t typically protect a company using outdated, unsafe equipment in order to save a few bucks. Their lack of proper preparation and competency would mean any waivers protecting them from injury liability are weak.
In addition, Florida courts are known for their rigorous examination of these documents; ambiguous, overly broad, or poorly explained terms could render a waiver void. You cannot make an informed decision without being fully aware of an activity’s risks. Similarly, the circumstances under which you signed the waiver also matter. Were you rushed or felt pressured? Was there a lack of clear explanation about the risks involved? These scenarios could lay the groundwork for challenging the waiver’s validity. Keep in mind, however, that our attorneys will have to scrutinize your specific waiver and compare it to the facts of your case to see how strong your claim may be.
Keep These Issues In Mind if You Suffer an Injury After Signing A Waiver
While a waiver does not provide an ironclad defense for whoever negligently caused your injury, its mere existence does cause issues should you seek to begin a personal injury claim. If someone is at fault, you still have a path toward success, but the road may be bumpier than usual. Common road bumps include:
- Insurance Issues: Insurers may use the existence of a waiver as a primary reason to deny claims, meaning your case can’t even kick into high gear until you show strong evidence of the waiver’s lack of strength. As such, time spent trying to prove a waiver doesn’t preclude you from filing a suit is time that could have been spent building the case or negotiating, and cases with waivers may take longer than others.
- Lack of Support from Witnesses: In environments where waivers are common—such as workplaces or recreational facilities—witnesses may hesitate to support your claim due to fears of retaliation or a sense of loyalty to the organization. This reluctance can sometimes hinder your ability to gather the evidence you need to substantiate your claim. However, it never entirely stops you from bringing forth a case.
- Resistance from the Responsible Party: Should you decide to proceed with a claim, be prepared for some pushback. Like insurance companies, businesses and employers might insist that the waiver blocks any legal challenge, starting negotiations on shaky footing. Since most waivers aim to prevent these legal issues from arising, anyone using them as a shield may feel more defensive than the average person when accused of negligently causing an injury.
These issues are expected, but they aren’t insurmountable, especially if you work with experienced attorneys who know the law inside and out. Don’t let a waiver intimidate you out of asserting your rights. To learn more about the options available to seek compensation, contact Probinsky & Cole today.
