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You may have signed a waiver form giving up your right to sue after an injury, but it doesn't cover every circumstance. Waiver forms can provide solid protection to businesses for many everyday hazards that cause injuries. They cover normal dangers that are associated with the activity you are participating in.
It protects a company from being sued if you're injured on its premises or while participating in an activity or service. But it only covers ordinary negligence. The waiver isn't valid if it's determined the business committed gross negligence or an injury was caused by intentional harm.
A liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.
So, are liability waivers actually valid in Florida? Yes! However, the waiver must be well written and signed for the court to enforce it. In simple terms, the court will only throw the liability waiver out and allow you to sue the negligent party if you can prove that it failed to meet the set standards.
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.
What criteria are required for a liability waiver to be valid and enforceable in Florida? To be valid and enforceable, liability waivers in Florida must contain language that is clearly written, unequivocal, unambiguous and specific on the risks and rights being waived by the signee.
As far as adult injuries are concerned, waiver/releases can be very effective and may result in lawsuit dismissals in most states as long as the three above-listed conditions are satisfied. There are a few states where the courts are not likely to uphold a waiver/release even if those three conditions are met.
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.