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A liability waiver protects California businesses and organizations from some lawsuits. But when they engage in ?gross negligence? or ?recklessness? and you get hurt, they can still be held legally accountable.
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.
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.
A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.
Often, these liability waivers prevent individuals from filing lawsuits in the event an injury occurs while participating in the activity or using the product in question. However, there may be some circumstances where individuals can file personal injury lawsuits even if they have signed a liability waiver.
In Maine, the vast majority of personal injury claims are subject to a six-year statute of limitations.
A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury.
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.