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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.
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.
Remember that releases and waivers are not favored by courts and will be strictly con- strued against the party seeking to enforce them. Be as specific and as inclusive as possi- ble about what types of claims the release is intended to cover, and what persons or enti- ties the release is intended to protect.
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.
Waivers must be stored by the department supervising the activity for at least three years after the activity ends.
North Carolina courts strictly construe liability waivers, meaning that if the contract does not have language that specifically releases the business from liability for that type of injury, the contract will not be enforced.
How long do I keep signed waivers? The sponsoring unit is required to retain the waiver for six (6) years after the end of the event or activity for which the waiver was signed.
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.