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In general, waivers of liability are enforceable in California so long as they have been drafted correctly and explicitly discuss the scope of coverage. Waivers also have to be legible and use high visibility text, and they cannot illegally waive unknown or unrelated claims.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Many people mistakenly believe that by signing a waiver, they've given up all of their rights to sue the company that made them sign the waiver. This is not necessarily the case. If you are worried about signing a waiver, you should check with an experienced personal injury attorney beforehand.
Generally, a liability waiver document is a legally binding agreement that relinquishes the right of one party to pursue legal remedy for injuries accrued on the property, regardless of fault involved.
In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
You might think that since you signed a waiver acknowledging the risks of the activity, you have no legal leg to stand on to file a personal injury lawsuit. Waivers can make personal injury lawsuits more complex, but you can still seek damages for injuries that could have and should have been prevented.
So, do liability waivers hold up in court? if you are injured as a result of ordinary negligence, the liability waiver may fully protect the defendant and leave you without legal recourse. If you are injured as a result of gross negligence, then you may have a case.
In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.