This form is a sample release in which the plaintiff releases the defendant from liability in exchange for consideration.
Washington Waiver and Release of Personal Injury Claim
State:
Multi-State
Control #:
US-PI-0278
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
Under California law, circumstances that may allow a lawsuit to proceed, even if you signed a liability waiver, include incidents where: You did not sign the document. The language used was vague or unclear. The plaintiff signed the waiver under duress.
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.
Can a business truly contract away negligence? The answer is, ?It depends.? Whether you are the participant in the activity or the one requiring a release to be executed, the language of the release ? in particular, the scope of activities it includes ? is critically important.
In general, we will see that waivers will be deemed invalid if: The provisions of the agreement are illegal or ?unconscionable.? The language of the waiver is not comprehensible, clear, or explicit. The waiver was obtained through deception, misrepresentation, fraud, undue influence, or when a person was under duress.
In Washington, for personal injury lawsuits, the statute of limitations is three years. Individuals may find they have more than three years from the time of the injury causing event, because: At the time of the event, the injury was not apparent.
Under Washington law, a release and waiver of liability clause is valid unless it: (1) violates public policy; (2) the defendant's breach constitutes gross negligence; or (3) the clause is so inconspicuous that a reasonable person could find it was signed unknowingly.
