In Florida, it’s not uncommon for businesses to use liability waivers for clients and patrons participating in certain activities or services to limit their liability for injuries that occur on their premises. However, even with a signed waiver, it’s often still possible to pursue an injury claim to seek compensation for your damages. Waivers are not absolute and can be contested under specific conditions. Given the complexity of these circumstances, it’s highly recommended to enlist the help of our dedicated Bradenton Personal Injury Lawyers.
What is a Liability Waiver?
By signing a waiver of liability in Florida, you agree to release the business owner or operator from responsibility for any injury or damage that may occur. For example, when you join a gym, you agree not to sue the gym if you are injured during a workout. Additionally, you agree to limit your legal rights if you cause damage to the gym’s property or equipment. There are typically few exceptions to these agreements.
Can You Sue Even if You Signed a Waiver in Florida?
While signing a liability waiver in Florida may seem like a definitive surrender of legal recourse, the reality is far more nuanced. These agreements, designed to safeguard businesses and individuals from claims of negligence, are not always ironclad. Several exceptions and legal principles can render the waiver unenforceable, preserving an injured party’s right to seek compensation for their damages.
Generally, waivers are not enforceable when injuries result from conduct more severe than simple negligence. Liability waivers typically only cover instances of ordinary negligence, which is a failure to exercise reasonable care. However, they don’t extend to instances stemming from gross negligence, which is an extreme lack of care or reckless disregard for others’ safety. The law prioritizes accountability for extreme carelessness or deliberate harmful acts.
The validity of a waiver also hinges on its scope. A waiver’s protective reach is not boundless, meaning it only extends to the risks and activities explicitly detailed within its language. If an injury arises from a risk not clearly defined in the waiver, or if the actions leading to the injury fall outside the agreement’s specific parameters, the waiver may not be upheld.
Florida courts can refuse to enforce waivers that violate public policy, especially if they undermine fundamental societal interests or legal statutes. This applies to waivers attempting to absolve liability in inherently dangerous or public-safety critical situations, like medical malpractice or high-risk industries, to balance individual risk assumption with public protection.
As you can see, the act of signing a liability waiver doesn’t automatically extinguish your right to pursue compensation for injuries. The enforceability of these documents is subject to rigorous scrutiny. At Becker & Lindauer, LLC, we are prepared to help you determine the validity of your claim. Connect with our firm today to ascertain how we can assist you in seeking the justice you merit.
