Even if you don’t realize it you have likely signed dozens of liability waivers throughout your adult life. In an effort to protect themselves from litigation, companies require individuals to sign an agreement stating that they understand the risk of injury associated with the activity and will not sue them if they get hurt. While many liability waivers are enforceable, some violate state law and are thus invalid.
Liability waivers are generally enforceable in the State of Texas as long as they meet certain requirements. Today, these waivers are commonplace. Many people and companies use them to absolve themselves of legal responsibility if someone is injured on their property or while using their equipment.
When properly drafted and signed, they result in one party giving up their right to make a legal claim against the other party. In order for a liability waiver to be enforceable in Texas it must meet the fair notice requirements of the express negligence doctrine and conspicuousness.
There are at least two parties present in liability waiver agreements. The first party is known as the "releasor.” The releasor is the individual who signs the document. By signing, they may waive certain rights to seek legal compensation in case of an unforeseen incident. The second party is the "releasee.” The releasee is the party who is seeking protection from any potential lawsuits.
The express negligence rule requires that a party’s intent to be released from liability must be “expressed in unambiguous terms.” It must be clearly stated or laid out to the person signing the waiver so that there is no question that the party signing it understands that they are releasing the party from legal responsibility.
In addition to the requirement that the release from liability be clearly stated without ambiguity, it must also be conspicuous. It cannot be difficult for the person relinquishing their right to pursue a lawsuit to see or find. It cannot be hidden among fine print.
Liability waivers are used under a number of different circumstances, generally when the activity being done has some degree of risk.
Activities where liability waivers are commonly used:
While you may be asked to sign a waiver of liability, it does not mean that it is legally valid or enforceable. If you are injured due to another person’s negligence, you might still have a claim for damages despite signing a liability waiver. It is important to discuss your case with an experienced lawyer to determine your legal options.
At Bailey Cowan Heckaman, our lawyers have over 30 years of experience helping individuals obtain the compensation they deserve after an unexpected accident with injury. We work tirelessly to hold parties accountable for their wrongdoing. Even if you signed a liability waiver, you might still be entitled to financial recovery for your injuries. Contact our office today at (888) 367-7160 to schedule a free consultation.
Were you injured in an accident caused by another person’s wrongdoing? Contact our office at (888) 367-7160 to schedule a free, no-obligation consultation. Our lawyers will fight for you and your family to obtain the compensation you deserve. Do not wait until it is too late. Call our office now to speak directly with an attorney about your right to recovery.