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Look Before You Sign - Liability Waivers That Is

30 December 2014

Alexis Garcia

With fresh powder on the slopes all across the country, many of you who ski cannot wait for a chance to check into your favorite lodge to get ready for a run down your favorite slope. In the process, most resorts are going to have you sign a waiver of liability. If you are like most people, you do not even read it before you sign it. You hurry up and scribble your name on the line, so that you can get on with the activity that you have come for. That may not be a great idea. You may be accepting more liability than you realize.

What Is A Waiver Of Liability?

A waiver of liability is a binding legal document that most companies have you sign to show that they have made you aware of the risks involved in the activities that you are taking part in. By signing this, you are waiving, or surrendering your right to sue them if you were to have an accident. The intent of the waiver is to remove the legal liability for any accidents that may occur from the company, and transfer it to you.

What the ski resorts, and other companies do not want you to know is that most of these blanket waivers that they have you to sign are limited at best when it comes time to enforce them. This was recently seen in the case of Bagley v. Mt. Bachelor, Inc.

The Oregon Supreme Court ruled that waiver of liability that Mt. Bachelor had Mr. Bagley to sign was unconscionable, or unreasonably unfair to Mr. Bagley, and therefore was unacceptable. While this case has been sent back to trial court, it could change the way that liability waivers are used in the future.

Things You Need To Know Before You Sign

1.  Read the small print. Know what rights are you are waiving, and then determine if you are willing to waive these rights. While some resorts, or activities may present you with a contract, others may include this information on their admission tickets, entry signs, or other documentation. Your consent is assumed by you participating in the activity.

If you have questions, or find language that you are not comfortable with, ask questions about it prior to signing. If you do not agree with the language, ask the owner, or operator of the activity to draw a line through the language, make the change, and initial your contract at the time you sign. 

2.  Not all liability waivers are unenforceable.  Bagley is currently the exception and not the rule. If the waiver that you are being presented with is reasonable in the liability that is being waived, there is a good chance that it is enforceable. This determination will vary from court to court, and state to state.

3.  Just because you signed a waiver does not mean you cannot sue.  Even if you have signed a liability waiver, you can still sue. It will be up to your attorney to have the waiver thrown out of court, or show that there are exceptions to your case in which the waiver does not cover.

For example: In most states a waiver is not enforceable if it is signed under fraud, or oppression. It is not enforceable if it is for an activity of public interest, that is already heavily regulated by the state, and it cannot be enforced if there was an intentional act, or acts that created the environment in which the injury took place. 

Even if you have signed a waiver, if you have a serious injury that was caused by the negligence of others, always consult a personal injury attorney. Most personal injury attorneys will review your case, and answer your questions for free. Have a peek at this website and let the court determine whether or not the waiver is enforceable. 

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