Pursuing Injury Compensation Despite Signing A Risk Waiver

Danger can add a little spice to life, which is why many people partake in activities that carry some risk in their free time. We’re not talking about risks like the ones you’ll encounter if you try to scale Mt. Everest, but rather the risks that can come with some everyday enjoyable activities, like taking in a baseball game or heading to the trampoline park with your family.

When you purchase a ticket or pay for entry into these establishments, you may be asked to sign a liability waiver as a way to safeguard the business in the event of your injury. Many people assume that they have no recourse if they were injured after signing one of these waivers, but that’s simply not true. In today’s blog, we explain when a waiver or the assumption of risk can be thrown out the window if you suffer injuries during these types of activities.

Signed Waiver And Injury Compensation Rights

When you sign a waiver or you purchase a ticket to an event, you are agreeing to take on the primary assumption of risk for your safety at these events. This means that if you are injured in a manner tied to the inherent risk of the event, you likely will be unable to file for compensation. If you are struck by a foul ball or you land wrong and fracture your ankle at the trampoline park, odds are the injury court isn’t going to side with your claim. Any injuries that occur as a result of normal use or potentially anticipated actions (you don’t expect to be struck with a foul ball, but you should be aware that foul balls will likely fly into the stands at some point at a baseball game) are unlikely to be met with compensation.

However, signing a waiver or buying a ticket to an event doesn’t mean that the business is in the clear no matter how injuries occur. Despite the presence of this waiver, the business still has a duty of care for all patrons, and if they fail to uphold this duty, you can pursue compensation. For example, if you fell down a stairwell because of a broken handrail or defective/broken equipment caused your injuries at the trampoline park, you would have a path to compensation even though you signed a liability waiver. If negligence on the part of the business played a role in your injuries, you’ll have compensation options.

Finally, you can also pursue injury compensation if you are injured by another person at one of these places. If someone punches you at a baseball game or a guest is skiing recklessly at a resort and collides with you and causes injury, you may have a personal injury claim against that individual (and potentially the business for failing to remove a patron who was a threat to other guests). Reckless or deliberate actions can allow for compensation even if you signed a liability waiver to be in the area where the incident occurred.

Never assume that you are out of luck because you signed a waiver, especially if negligence was involved or the accident should have been preventable if the business took normal actions to keep their patrons safe. They may argue that you have no recourse because you signed a waiver, but they are not the ones who get to decide that. Connect with an injury firm and let us prove to the court that you have a valid injury claim despite signing a liability waiver.

For more information on your rights as a spectator or patron, connect with Dean and the team at Margolis Law Firm. Give our firm a call today at (952) 230-2700.