Just because you signed a liability waiver does not mean it is automatically enforceable if you are injured and need compensation in California, so don’t let signing one stop you from seeing whether you have a case.
Liability waivers can be enforced for injuries resulting from general negligence, but not for injuries resulting from gross negligence or intentional misconduct. Liability waivers may not be enforced for injuries due to general negligence, for ambiguous language, or for public policy violations. If the court doesn’t enforce the liability waiver in your case, you can file a lawsuit for economic and non-economic damages. If the waiver was not enforced because of the defendant’s gross negligence, you might also get punitive damages in California.
Call (305) 614-2767 to have a free case discussion with the Los Angeles, CA personal injury lawyers of Graves Injury Law Firm today.
When Are Liability Waivers Enforceable in California?
If you signed a liability waiver for an activity and suffered injuries, you need to know whether the waiver will hold up in court and if it could stop you from pursuing damages in California.
In general, liability waivers are enforceable for injuries due to ordinary negligence. However, if there are problems with the text of the waiver, it may not be enforced, even if you were injured due to ordinary negligence.
Unlike many other states, California courts typically enforce liability waivers signed by parents on behalf of their children for participation in recreational activities.
When is Waiver of Liability Unenforceable in California?
Liability waivers can be unenforceable for several reasons, and our lawyers can see if any exceptions apply to your case.
Ambiguous or Hidden Language
If a liability waiver contains unclear language that does not specifically identify the rights you are waiving away or the dangers you are accepting, the court may not enforce it. Our Huntington Beach, CA personal injury lawyers can obtain and review a copy of the waiver you signed to determine whether it was reasonably comprehensible or too vague for you to understand what you were agreeing to at the time.
Injuries Due to Gross Negligence
Liability waivers cannot protect against lawsuits for injuries due to gross negligence. Gross negligence is the reckless disregard for the safety and well-being of others and is more extreme than ordinary negligence.
If a waiver is unenforceable in your case because you were injured by gross negligence, you may also seek additional punitive damages in your lawsuit.
Other Public Policy Violations
Waivers that contain public policy violations, such as waivers for intentional misconduct, are generally not enforceable in California. We can analyze the waiver you signed for any public policy violations that would make it void.
What Damages Can You Get When a Waiver of Liability is Unenforceable?
When a judge does not enforce a liability waiver, the plaintiff may recover economic and non-economic damages. If the waiver is unenforceable due to gross negligence, you might also get punitive damages if your case goes to court and the jury finds the defendant liable and grossly negligent.
Economic Damages
If the court does not enforce a waiver of liability, a victim can pursue compensation for their economic damages from an injury. All hospital bills and long-term care costs, lost wages, and other financial damages due to your injury are compensable in a lawsuit.
Non-Economic Damages
You can also get non-economic damages if a liability waiver is unenforceable, and you may file a lawsuit after suffering an injury. Non-economic damages compensate plaintiffs for intangible harms. Pain and suffering are present with almost any injury, even relatively minor injuries.
Punitive Damages
If you were injured due to fraud, oppression, or malice, and the liability waiver you signed is not enforceable, you may also sue for punitive damages in California, for which there is no statutory cap. Punitive damages are always awarded in addition to economic and non-economic damages, never in place of them.
FAQs About Liability Waivers and California Injury Claims
What is the Purpose of Liability Waivers?
The purpose of liability waivers is to protect companies providing recreational activities and experiences from lawsuits for injuries due to ordinary negligence. Liability waivers are common when there is a meaningful risk of injury associated with an activity.
How Do You Know Whether a Waiver of Liability is Enforceable?
Our lawyers can obtain a copy of the liability waiver you signed and read it carefully to see whether it may be enforceable. We will also investigate the accident further and ask questions about your experience to see if gross negligence caused your injuries and renders the liability waiver void.
Is a Liability Waiver Enforceable if You Were Pressured to Sign It?
If you were pressured to sign a liability waiver, it should not hold up in court. Statements from witnesses present at the time of signing can help us prove that you were pressured to waive your right to sue for injuries caused by ordinary negligence.
Is a Liability Waiver Enforceable if a Parent Signs for Their Child in California?
In California, a liability waiver is typically enforceable if a parent signs it on behalf of their child. In contrast, in most other states, parents may not sign liability waivers for their children. A liability waiver signed by a minor is not enforceable.
How Long Do You Have to Determine Whether a Liability Waiver is Enforceable in California?
In general, victims have 2 years from the date of injury to determine whether a liability waiver is enforceable and to file a compensation claim. If you don’t sue within 2 years in California, you may lose your chance to recover damages.
File a Personal Injury Lawsuit Despite Signing a Liability Waiver with Our Help
Call the Graves Injury Law Firm at (305) 614-2767 to let our Santa Ana, CA personal injury lawyers review your case for free.