Personal Injury Liability Waiver Form

Let’s take a look at how a personal injury liability waiver form functions. In personal injury cases, a waiver of liability is a written document or similar form of proof in an agreement that one party promises not to sue for potential personal injuries. Some of the most common can be found at rental companies for recreational activity gear.

For instance, at a ski resort, a ski and snowboard rental company typically will ask renters to sign such a document promising not to sue for personal injuries related to the rental gear. Similarly, when people enter a state park, they are often required to sign one for potential personal  injuries.

Inherently Dangerous

These documents are typically found in sports that are considered inherently dangerous. In various rulings, United States courts have defined such activities as those that are generally considered to cause injuries. Courts have agreed that people participating in these sports should know they are dangerous, assume the risk of injury, and take the necessary precautions.

Inherently dangerous activities, however, does not extend to all activities. For instance, in a retail store, the store typically cannot require a person to sign a waiver of liability for potential injuries such as an item falling off a shelf. In that case, the store is liable and the customer may sue. For this reason, inherently dangerous activities have a limited scope.

Sporting Events

One of the more contentious issues of inherently dangerous activities include foul balls, wayward hockey pucks, or poorly hit golf balls. Courts have ruled that being hit by these objects is generally considered not to be this. Their reasoning has been that people attending such events have assumed the risk of being hit and have taken the necessary precautions.

Hospitals

Waivers of liability are also used in hospitals. In such cases, the patient agrees to pay for certain medical procedures if the hospital finds them medically necessary.

Contact Us

Many other activities and companies require their customers and participants to sign waivers of liability. If you have questions about this issue contact the San Antonio personal injury lawyers of Stouwie & Mayo.