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(253) 272-5226Imagine this scenario: You’ve been seriously injured. But there’s a catch: You signed a waiver.
You might be wondering what happens now. Is there any chance you still have a legal pathway to compensation?
The short answer is that signing a waiver doesn’t mean you automatically gave up your right to sue.
This post provides an overview of what waivers are, when they may be enforceable, and when you might still have grounds for a lawsuit. Note that this is general legal information only. It isn’t meant to substitute for legal advice about your situation. For that, please contact a trusted personal injury lawyer.
A waiver, sometimes called a release, is an agreement intended to limit or eliminate someone’s legal responsibility if you are injured.
In many cases, a waiver protects the business owner’s interests, not yours. It may include language saying that you assume certain risks when you use the company’s property or participate in an activity. It may also say that you release the company from legal responsibility if you are injured.
Here are a few common situations where you may be asked to sign a waiver:
In other words, waivers are one way companies try to manage their risk. But signing one doesn’t automatically mean a company is protected from every possible legal claim if you are hurt.
Here in Washington State, waivers can be enforceable. That means a court may uphold what you agreed to in writing.
However, courts also recognize that not every waiver is valid or enforceable.
When looking at a waiver, courts may consider questions such as:
Washington courts generally enforce these agreements unless they fall into one of several exceptions.
There are situations where you may still be able to pursue a personal injury claim after signing a waiver.
Let’s look at a few of them.
A waiver may not protect a business from conduct it does not clearly address. If the language is unclear or doesn’t cover the cause of your injury, you may still have a claim.
A waiver may be unenforceable if important language was hidden or difficult to notice. Courts may consider the waiver’s formatting, headings, and placement.
A waiver may not protect against gross negligence or other conduct that falls far below the required standard of care.
Some legal duties are too important to waive. A court may reject a waiver if enforcing it would conflict with an important public interest.
Washington courts have looked at many different situations involving liability waivers. Two cases show why the details matter.
A school district required students and their parents to sign releases before students could participate in interscholastic athletics. The releases attempted to protect the district from liability for future negligence.
The Washington Supreme Court found the releases invalid because they violated public policy. The court determined that public school districts couldn’t use these agreements to sidestep their legal duty to students.
The takeaway: A signed waiver doesn’t necessarily give an organization permission to contract away every legal duty it has.
Patricia Vodopest signed a release before joining a Himalayan trek that also involved medical research on altitude sickness. After she developed serious symptoms and suffered permanent brain damage, she sued, arguing that the researcher had negligently failed to respond appropriately.
Although the trial court and Court of Appeals enforced the waiver, the Washington Supreme Court reversed, holding that public-policy concerns surrounding medical research on human subjects prevented the release from barring her negligence claim. A jury later found for the defendant on her separate gross-negligence claim.
The takeaway: Courts may reject a waiver when enforcing it would allow someone to escape an important legal responsibility. But that does not mean the plaintiff automatically wins. It only means the claim can move forward.
If you believe you may have a case, it’s worth talking to a personal injury lawyer.
As we’ve seen, there can be significant legal barriers to overcome if you have signed a waiver.
You can also expect the company or its insurance company to rely on that waiver when defending against your claim. They may also argue that you understood and accepted the risks involved or that your own actions contributed to your injury.
A seasoned personal injury lawyer can evaluate the waiver, the circumstances surrounding it, and what happened to determine whether there may still be a legal pathway forward.
Most importantly, don’t assume you have no case simply because you signed a piece of paper.
There’s never a charge for an initial consultation with one of the lawyers from Ladenburg Law about what happened to you. Even if you’re not entirely sure you have a case, it never hurts to reach out and find out what your options are.
If there is a legal way forward and we choose to work together, we won’t charge a fee unless we’re able to win you compensation.
Call 253.272.5226 or fill out the short form to get started.