If you participate in a potentially hazardous activity, the person or corporation in charge of the activity will almost always need you to sign a liability waiver. This is also true for surgeries and medical procedures. If you are hurt while engaging in the activity, this waiver may prohibit you from claiming compensation. However, the impact of a liability waiver on your damage claim is determined by whether the instrument is legally enforceable in your jurisdiction. You can talk to a Georgia Medical malpractice lawyer to learn more.
What is a waiver?
A waiver is essentially a document that a person signs that states the person signing waives his or her right to file a claim or hold someone else liable for their injuries or other losses. Waivers come in a variety of shapes and sizes. Waivers are indemnity agreements, hold harmless agreements, exoneration clauses, and pre-injury releases.
The language of a waiver is crucial since it determines what is waived and whether the waiver is enforceable in the first place. Many waivers use broad wording to absolve the perpetrator of all responsibility for their actions.
What rights do you give up when you sign a liability release form?
When you sign a release of liability form, you agree to accept any risks involved at a certain location or in a specific activity. You are effectively claiming that the corporation is not liable for any damages resulting from inherent hazards or civil damages resulting from losses or injuries.
If the waiver is correctly crafted, you will fully understand the risks you are accepting before signing, allowing you time to consider if the possible expense of harm is worth partaking in the activity.
If you are not injured, the liability waiver will have no effect. Still, if you are injured, the properly constructed waiver will protect the corporation even if you file a lawsuit seeking damages for an injury caused by any of the risks stated in the document.
Enforcement of waivers in Georgia
Waivers are typically upheld in Georgia. The issue gets more complicated when the company owner’s negligence causes harm. Georgia acknowledges that waivers cannot free firms of liability for deliberate or egregious negligence. This implies that if the business owner behaved negligently or deliberately, they may not be protected.
When unforeseen irresponsible conduct by the company owner causes harm, it is critical to examine the waiver’s enforceability. Holding companies responsible is critical for prioritizing safety and upholding their duty of care to participants.
Seek professional legal help today.
If you have been injured after signing a liability waiver, you may be dealing with a lot of confusion. The best way to help yourself is to consult an experienced attorney and determine your next options.