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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.
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:
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.
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.
For a liability waiver to be considered valid, it must meet certain requirements. These include:
If you signed a liability waiver and suffered injuries after the fact, you need to take the following steps:
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 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.
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.
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.
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.