There are many fun-filled activities that require participants or guardians to sign a liability waiver before they are allowed to participate. In fact, you’ve likely signed several of them throughout your life. For example, you must sign waivers to enjoy trampoline parks, ice rinks, obstacle courses, and many other types of indoor and outdoor adventure parks.
Often referred to as a release of liability waiver, they all say, in one way or another, that a business or organization is not legally responsible for any injuries, damages, or losses that occur. They’re used to deter someone who’s injured from taking legal action.
However, Virginia is one of just a few states where a release of liability waiver isn’t enforceable. In general, the business will still be liable for your injuries even if you have signed a waiver in Virginia.
As Halloween approaches, fun activities like outdoor haunted forests are starting to open, and if you plan to enjoy them, you’ll likely have to sign a waiver. Combined with the rising popularity of adventure parks, you’re going to see these documents more frequently, especially if you have kids.
Knowing your rights if you’re injured is important to ensure you aren’t left with the financial burden of an injury, and that negligent businesses are held accountable. A Virginia personal injury lawsuit can help make you whole if you’ve suffered an injury, regardless of whether you signed a waiver.
Virginia Public Policy Deems Waivers Unenforceable
Thanks to multiple rulings by the Virginia Supreme Court, a release of liability waiver is generally unenforceable. Why? The court has determined that waivers are void because they violate public policy; a party cannot be released of their own legal duties surrounding safety before an injury occurs, which is what waivers attempt to do.
Consider this: Businesses and organizations must ensure the safety of their services, events, activities, products, facilities, and equipment. A business that fails to take certain safety measures, meet safety standards, and maintain a safe environment is considered negligent and liable for damages, even if waivers are signed. If Virginia allowed pre-injury liability waivers, the businesses would have no reason to ensure the safety of their patrons. As such, the Courts have ruled that pre-injury releases are against public policy.
Although most release of liability waivers won’t hold up in Virginia, they’re still widely used because they can be effective at discouraging people from pursuing a lawsuit. Insurance companies or defendants in these cases often argue an assumption of risk – that the plaintiff knew and signed off on the dangers. So, while waivers are generally against public policy, they’re extremely common.
It’s important to note that there are a few scenarios where a waiver may be upheld in Virginia, which is one of several reasons why you should speak with a personal injury attorney to review your case. Many people believe they don’t have the right to sue or are convinced by the responsible party or their insurance company that they were released from being liable when that’s not the case.
How a Personal Injury Attorney Can Help
Many common injuries occur at trampoline parks – sprains, strains, breaks, and fractures – but there are also catastrophic injuries that can occur, including broken necks and traumatic brain injuries. Minor to fatal injuries like these also occur when participating in other activities and indoor parks that require you to sign a waiver.
Regardless of the severity of your injury, the costs associated with recovery and its overall impact quickly add up. Hospital visits, tests, imaging, surgeries, and treatments can cause significant financial stress for you and your family. If the injury affects your ability to work or causes lifelong struggles or limitations, the losses you experience can be crippling.
The Virginia personal injury attorneys at Curcio Law have helped victims who signed release of liability waivers hold negligent companies accountable. While waivers are generally not enforceable in Virginia, they can complicate some personal injury lawsuits. Our firm can review and investigate what happened, protect your rights, and ensure you receive the damages you deserve.
Contact Curcio Law online or call or text 703-836-3366 for a free consultation.
Rakin Hamad joined Curcio Law as an associate in August 2018 after graduating from George Mason Law School. During law school, Rakin demonstrated his dedication to client advocacy and was a member of the trial advocacy association, the pro bono society, and the George Mason Law Review. His approach to the law mirrors the firm’s philosophy of treating each client with commitment, compassion and character. Contact Rakin at rhamad@curciolaw.com.
