Before engaging in certain activities in and around Las Vegas, you might be required to sign a liability waiver. The waiver essentially shields the person providing access to the activity from legal liability if you are injured. Generally, waivers may be enforced, and defendants may not be liable if you are hurt. However, not all waivers are legally valid, and there may be ways around them.
If you are hurt after signing a waiver, there is a good chance that the defendant in your case will try to enforce the waiver. Whether they are successful depends on the circumstances of the case and the waiver terms. If you were a minor when you signed the waiver, it may be unenforceable, as minors cannot legally sign away these kinds of rights without a parent or guardian. Similarly, the terms of the waiver might be unclear, unfair, or contradictory to public interests. Review the waiver with an attorney before starting your case. There may be options to challenge the waiver and assert your claims for damages.
Call our Las Vegas personal injury attorneys for a free, private case assessment by calling Mitchell Rogers Injury Law at (702) 702-2622.
Are Waivers Enforced if You Are Hurt?
Generally, liability waivers can be enforced if they are legal and the other party wants to enforce them. However, there are various exceptions and reasons why a liability waiver may not be enforced in certain circumstances.
Liability waivers are meant to shield people from liability in the event that someone else gets hurt. The fact that you are injured is the very reason why there was a waiver in the first place. If enforced, the waiver may significantly limit your legal options for compensation.
In short, if a waiver is enforceable, the other party to the waiver will likely enforce it. As such, you should review waivers with a lawyer before you sign them. If you have already signed a waiver, you should review it with our Henderson, NV personal injury attorneys to determine if it can be enforced if there are legal ways around it.
When Waivers Cannot Be Enforced in Las Vegas
Waivers are not always enforceable, even when defendants try to enforce them in court. Under certain circumstances, waivers may be completely unenforceable, and defendants may be held liable for your damages even though you signed the waiver.
A common reason many waivers are unenforceable is that they are signed by minors. This is a common problem in cases involving kids’ sports leagues. Minors cannot waive legal rights without a parent or guardian. If your child signed a liability waiver on their own, it may not hold up in court.
Waivers may also be unenforceable if their terms contain violations of public policy. Exactly what this looks like may vary from case to case. Generally, a waiver may be unenforceable if its terms conflict with public interests or safety. For example, waivers should not permit businesses to subject people to extremely hazardous conditions without incurring any legal repercussions.
Another common reason is that the waiver is unclear, ambiguous, or overly vague. Often, people attempt to make waivers extremely broad so they can enforce them regardless of the circumstances, but this is not legal. An enforceable waiver should be tailored to the specific situation at hand.
How to Challenge a Waiver in Las Vegas
Even if a waiver is legal, you might still have grounds to challenge it in court. We must prove your claims in court to circumvent the waiver, so we need evidence to support you.
One way to challenge a waiver is to claim that you were misled or defrauded into signing it. For example, if the defendant lied or misled you about the terms of the waiver, you may fight it in court. Even if the waiver is otherwise legal, you cannot be misled into agreeing to its terms.
Even if the waiver is legally valid and enforceable, we can fight it if the defendant caused your injuries by committing acts of gross negligence. Waivers generally shield people from liability for accidents that happen in the normal course of whatever activity you are performing. They do not shield people from shocking acts of gross negligence.
It is also possible that there is nothing wrong with the waiver, but the terms do not cover your accident and injuries. Remember, waiver terms should be tailored to the situation and cannot be overly broad. If the waiver does not cover your injuries, the defendant may still be held liable.
Common Situation Involving Injuries and Waivers in Las Vegas
Liability waivers often come up when people engage in recreational yet risky activities. People often sign waivers without much thought, but this is not always a good idea, especially if the activity in question is highly dangerous.
Las Vegas is full of attractions, including rides and roller coasters. You might buy tickets to The Big Shot, a ride at the Strat Hotel that shoots riders straight into the air to a height of 160 feet. You may have to sign a waiver before riding the ride. The waiver may not be a physical form, but rather a digital one, and it is included with the ticket.
You will likely have to sign a waiver before bungee jumping or skydiving, which are also available around Las Vegas. These activities are highly risky, despite being heavily regulated. If you are accidentally injured, the waiver will likely be brought up in court.
Speak to Our Las Vegas Personal Injury Attorneys About Your Waiver
Call our Enterprise, NV personal injury attorneys for a free, private case assessment by calling Mitchell Rogers Injury Law at (702) 702-2622.