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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 signed liability release form shifts the legal responsibility away from a business owner, but it doesn't completely remove that responsibility. Depending on the circumstances of the injury or damage, a release form may not be enforced.
Even if you've signed a waiver in advance you can still pursue legal action for an injury suffered due to the negligence of another party.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
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.
Release of liability waivers are generally enforceable in Colorado. Courts will only declare them invalid if any of the following factors apply: The waiver involves a public or an essential service, You did not fairly enter into the agreement, or.