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A waiver is an exculpatory contract. That means it's used to excuse a party from responsibility when the other contracted party is injured by either known or unknown risks in a particular activity. This includes inherent risks and ordinary negligence.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
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.
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.
Under New Hampshire law, exculpatory releases or liability of waivers are generally prohibited unless they are not contrary to public policy, and the release is specific and clear. Courts typically find releases to violate public policy if it interferes with public welfare or safety.
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.
Under California law, waivers of liability may not prevent people from suing for injuries resulting from gross negligence, recklessness, intentional torts or illegal acts.
Ambiguous language or missing information can invalidate a waiver. The waiver contains errors that make it invalid. The language of the waiver must obey relevant state laws. An improperly worded or drafted waiver, as well as one that violates the law or public policy, may not hold up in court.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
This may seem like a silly distinction to make, but lack of knowledge or willingness is actually one of the biggest reasons lawyers can completely toss out a waiver in a personal injury case.