Can You Sue After Signing a Liability Waiver in Arizona?

You’ve probably heard of a liability waiver at some point in your life. You’ve probably even signed one. Many times, even. Liability waivers are a common legal tool used by businesses and organizations to protect themselves from potential lawsuits.

These waivers, also known as release of liability agreements, are often presented to individuals as a condition for participating in potentially dangerous activities. But what if you want to sue after you’ve signed one? In the state of Arizona, the answer is not always straightforward.

What Is a Waiver of Liability?

A waiver of liability is a contract in which an individual voluntarily assumes the risk of participating in an activity or outing. By signing a liability waiver, you acknowledge that you understand the risks involved and agree not to hold the business or organization responsible for any injuries or damages that may occur.

Common examples include:

• Attending Sporting Events
• Renting Equipment
• Skydiving
• Bungee Jumping
• Renting a Vehicle
• Using a Rental Boat or Jet Ski
• Skiing or Snowboarding
• Boarding Cruise Ships
• Before Receiving Medical Care
• Visiting Amusement Parks
• Attending a Concert
• Going to the Gym

Signing a Liability Waiver

These waivers are typically presented to you before you engage in the activity or use the facility in question. If you don’t sign a liability waiver, you likely won’t be able to participate in the activity or use the facility.

How Do Liability Waivers Work?

By signing the waiver, you are knowingly agreeing to assume the risks associated with the activity you want to participate in or the facility you want to visit. The waiver is designed to protect the business or organization from potential liability claims.

What Makes It Valid?

For a liability waiver to be considered valid, it must meet certain requirements. These include:

• Clear and Unambiguous Language
  The waiver must use clear and specific language that outlines the risks involved.
• Knowing and Voluntary Agreement
  The individual signing the waiver must do so voluntarily, without being coerced.
• Adequate Consideration
  The waiver must offer something in exchange for the individual’s agreement.

What to Do if You Signed a Waiver and Got Injured After

If you signed a liability waiver and suffered injuries after the fact, you need to take the following steps:

• Seek Medical Attention
  Your health and well-being should be your top priority. Get immediate medical attention for your injuries.
• Document the Incident
  Gather as much evidence as possible. This includes photos, witnesses, and other accident-related documents.
• Consult an Attorney
  Contact an experienced personal injury attorney who can evaluate the circumstances of your case and determine whether you have grounds for legal action.

Can You Sue for Injuries If You Sign A Waiver?

Possibly. While signing a liability waiver generally limits your ability to sue for injuries, there are certain circumstances where you may still have legal options.

Ultimately, it comes down to three questions that must be answered by the court: was the language in the waiver unambiguous? Was the injury related to the waiver’s protected acts? And does it comply with public policy?

Determining Whether the Liability Waiver is Enforceable

Determining whether the liability waiver is enforceable depends on the case. If you want to get compensated despite signing a liability waiver, then you—along with the help of an experienced attorney—must prove that it is unenforceable.

• Freedom to Contract
  Arizona law generally supports the principle of freedom to contract. This means that even though both parties are entitled to enter into agreements to contract around their liabilities, the law may not deem such agreements as enforceable.
• Public Policy Considerations
  Despite the freedom to contract, certain agreements or waivers may be deemed unenforceable if they violate public policy. The public policy represents the collective values and interests of society, and contracts that undermine these values may not be upheld.
• The “Intentional Conduct” Exception
  Liability waivers typically do not protect businesses or organizations from liability if their actions are considered intentional misconduct. This means if a party deliberately causes harm, they cannot use the waiver as a shield against liability.

When Is a Liability Waiver Enforceable in Arizona?

In Arizona, the enforceability of liability waivers depends on clear and understandable language, voluntary consent, and alignment with public policy. These waivers may not protect businesses or organizations from liability in cases of intentional or reckless conduct, violations of statutory rights, or gross negligence.

If the injury arises from these exceptions, the liability waiver may be considered unenforceable. Seeking legal advice is advisable to understand one’s rights when dealing with liability waivers in Arizona.

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When Will a Waiver be Upheld in Court?

Courts in Arizona will uphold a liability waiver if it is determined to be valid and enforceable, taking into account the above factors. That being said, each case is unique. Contact Shapiro Law Team to discuss your case with an attorney.

Shapiro Law Team Fights for Your Rights

Navigating the legal ins and outs of liability waivers is frustrating. If you signed a liability waiver and have been injured in an accident, you need an experienced attorney on your side.

Shapiro Law Team is dedicated to protecting your rights and recovering compensation for your losses. Let’s sit down to discuss your legal options. Contact Shapiro Law Team today for a free, confidential consultation.