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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.
A liability waiver, or release of liability, is a legal document that a company or organization has you sign in order to protect them from being sued in the event that you are injured.
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 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.
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.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Signing a waiver does not mean you automatically do not have the right to file a lawsuit after suffering a serious injury in California. Liability laws are complex and often require an attorney's assistance. If you signed a waiver before an activity that gave you an injury, speak to a lawyer about your rights.
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.