Did You Waive Away Your Rights To Sue?
When careless or negligent actions cause harm, civil law provides a remedy. While nothing is expected to relieve the pain and misery of an injury, taking action can help others avoid suffering the same fate and provide compensation for the damages you have suffered. Almost any physical injury that is severe enough to make you seek medical attention could be grounds for a personal injury suit. Read on to find out why waivers may not be binding and how to be paid for your injuries.
Waivers are Everywhere
If you have joined a fitness center, signed your child up for softball, or rented a hall for a party you have likely encountered waivers. Often, these waivers are meant to warn customers that if they get injured while using a facility they may not be able to sue. The problem is that business owners and municipalities are seldom trained in the law and really have no business making statements about liability in those waivers. The courts have found, time and time again, that in many circumstances, waivers provide no bar to seeking damages. It only makes sense when you realize that it is just not possible to protect yourself from any and all lawsuits just by having someone sign a paper.
When Waivers Are Effective
That is not to say that all waivers are useless. In some instances, waivers really do protect the owner of a property against certain actions. If you, as the customer, are careless, negligent, disobey rules, etc, then you cannot then turn around and make the business responsible for your own bad acts. You might find yourself presented with a list of rules when joining a cross-fit box and a place for your signature. When you sign, you are actually signing a waiver. If you disobey those rules or perform any actions that are counterproductive to safety, you probably won't be able to file a lawsuit when you are injured.
Broad Waivers Are Fails
On the other hand, waivers that excuse any sort of problem on the part of the business are usually considered too broad and far-reaching to be legal. For example, if a store fails to provide adequate lighting in the parking lot and you get mugged, you might have a course of action. The store must use due care in maintaining a safe retail space for customers. If the store is responsible for replacing the outside light bulbs and failed to do so, they are responsible for the victim's damages.
Instead of taking the word of the person who did you harm, speak to a personal injury attorney when you are injured in a business or government facility.