Can I File a Personal Injury Lawsuit If I Signed a Waiver?

Do you regularly go to the gym or participate in indoor rock-climbing? How about taking the kids to a trampoline park? These are all examples of places in the Austin area that are likely to make you sign liability waivers. Businesses use these waivers to try and protect themselves from being liable for injuries or deaths.

Slips and fall hazards, broken equipment or poor instructions from staff are ways you could be injured or killed at these businesses. However, just because you signed a waiver does not mean that you cannot sue for injuries or the loss of a loved one.

A recent lawsuit against a trampoline park can serve as an illustrative example of why liability waivers can be rejected by courts. Several years ago, a 16-year-old suffered a traumatic brain injury at a Houston trampoline park. His family filed a lawsuit against the business. However, this specific park requires parents or guests to sign liability waivers. In this case, the waiver did not stop the 16-year-old from recovering a $11.5 million jury verdict. The jury found that the trampoline park was grossly negligent.

This is an example of a case where a waiver may not hold up in court. While a waiver might protect a business against simple negligence, it may not offer protection if an injury or death resulted from gross negligence.

There are other reasons why a waiver may not protect a business. For instance, the language of a waiver could make it unenforceable. In addition, the reasons for signing the waiver or who signed it could also be considered.

Contact Us with Questions About Filing a Personal Injury Lawsuit

You should not let a waiver stop you from talking to a personal injury attorney if you or a loved one were harmed at a business. Austin personal injury lawyer Aaron Allison could review the specifics of your situation to help you determine whether it would be possible to seek compensation for damages.