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Letha's Pies, LLC, the Arkansas Supreme Court recently reaffirmed that contractual class-action waivers are enforceable under Arkansas law. The Court's ruling continues a trend reversing past hostility toward parties' pre-dispute agreements, placing them on the same footing as other contracts.
Though signing a waiver brings complications to a personal injury claim, you can still secure damages if your injury could and should have been prevented.
A limitation of liability provision typically contains two parts: a waiver of damages and a liability cap. The waiver of damages clause typically limits a party's exposure only to direct damages (i.e., damages suffered by a party that naturally result from the breach of the other party).
In the state of California, waivers of liability will be considered enforceable so long as they have been drafted properly and the language is explicit as to the scope of coverage. Additionally, the language in question has to be legible and use high-visibility text (in other words, it cannot be in the fine print).
For the most part, the signing of a waiver is going to hold up in court as a binding document. That does not mean, however, that you are out of options if you sign a release of liability waiver and then sustain an injury while participating in the activity the business offered.