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In Virginia, the answer to whether these exculpatory clauses are valid and enforceable is generally a resounding ?NO!? While important exceptions exist (your Virginia personal injury attorney can help explain them), liability waivers are generally unenforceable in Virginia.
Some states follow a more enlightened version of the fault law called "comparative negligence." Alas, Virginia still chooses what is known as the "pure contributory negligence rule." That means the other person has to be 100 percent at fault or you can't collect any monetary damages.
The company or person for whom you signed the waiver may even claim that you cannot bring a lawsuit or seek insurance coverage. Waivers are not automatically valid in all cases, and they do not automatically apply to every injury. South Carolina courts consider waivers on a case-by-case basis.
Most liability waivers are not enforceable in Virginia. If you are hurt after signing a liability waiver, your personal injury attorney can sue the appropriate parties if their negligence caused your injuries.
Waivers of liability are not always enforceable the provider must take reasonable steps to bring the waiver to your attention before the contract is made, the provider must ?bring home? your understanding of the waiver, and. the waiver must be clearly stated.
In most cases the property owner is considered legally liable for the injury. This is because every property owner must exercise reasonable precautions to keep people safe on the property.