Can You Still Sue If You Signed a Liability Waiver in Florida?

If you have ever participated in any type of outdoor activity, you were probably required to sign a liability release waiver. Nowadays, many water parks, recreational companies, and even theme parks require participants to sign liability waivers before being allowed to participate in order to protect themselves from being held liable if someone gets hurt. A liability waiver is basically a legal document that certifies that the signer has agreed to forfeit their right to bring a personal injury claim or lawsuit against the defendant for an injury.

Understandably, many outdoor or recreational businesses would quickly go out of business if they were subject to lawsuits every time a participant got injured. However, liability waivers are not applicable to all types of misconduct. Additionally, all liability waivers must follow and comply with rigid legal standards. In this blog post, we will discuss liability waivers in Florida and how they may affect your personal injury claim. We will also discuss the legal standards that are applicable to liability waivers and what types of activities cannot be disclaimed via a liability waiver in Florida.

Legal Standards Applicable to Liability Waivers in Florida

The doctrine of implied assumption of the risk has been merged into the doctrine of comparative negligence. However, express assumption of the risk has not merged into the doctrine of comparative negligence and it continues to be a defense which may completely bar an injured party’s cause of action if established by the defendant. Express assumption of the risk includes express contracts not to sue for injury or loss which may be occasioned by the covenantee’s negligence as well as situations in which actual consent exists. The concept is that the plaintiff can not hold the defendant liable if the plaintiff purposefully exposed him or herself to the possibility of an injury. One of the best examples of this is a liability waiver.

In Florida, all liability waivers must contain language that is clear and unequivocal to be enforceable. This means that if the party who was injured can show that the language in the liability waiver was not clear and unambiguous, their personal injury claim can proceed despite the presence of a signed a liability waiver. Another important thing to note is that in Florida, liability waivers may not be used to disclaim intentional torts or reckless misconduct. Moreover, a waiver of liability agreement entered into by a parent on behalf of a minor child is unenforceable. Pre-injury liability waivers that are entered into by a parent on behalf of their child are generally enforceable against the children themselves when it involves an activity like a school trip.

However, any pre injury liability waiver will not be enforceable against a minor if the injury at issue results from risks that were not inherent in the activity itself. For instance, if a child is participating in a zip line excursion on a cruise ship and is injured due to a puddle of melted ice cream on the deck, a pre injury waiver would probably not apply as the injury was caused by something that was unrelated to the activity (here, ziplining) that the waiver was signed for in the first place. This sort of injury would fall under general provider negligence, and would be a legitimate personal injury claim.

To sum things up, although Florida courts look with disfavor on a pre-injury waiver of liability agreement, such an agreement is enforceable if it is clear and unequivocal. Such an agreement can include gross as well as simple negligence, but intentional torts cannot be waived.

Speak with a Miami Personal Injury Attorney

If you or someone you love was injured and signed a liability waiver, there may be a way to move forward with a personal injury claim by showing that the liability waiver is unenforceable or invalid under Florida law. A legal professional can analyze the wording and meaning of the liability waiver to see what can be done in your case. The Law Offices of Suarez & Montero Car Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A personal injury claim can seek funds that cover medical expenses, lost income and other damages.

The injury attorneys at Suarez & Montero can help those of you who would like to pursue a personal injury claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in all types of accidents. Call us today to schedule a free consultation. We’ll review your case and help you understand your legal options.