If you have ever participated in an event or activity that posed some sort of risk to your health or safety, you may have had to sign a liability waiver before participating. Some of the most common examples include skiing, jet skiing, jumping in a trampoline park, or even attending an amusement park. Essentially, this liability waiver has been put in place to prevent you from filing a lawsuit in the event that you get hurt or even killed while engaging in this activity. Even though it is possible for a liability waiver to help a business avoid certain lawsuits, there are some situations where you still might be able to file a lawsuit even if you sign a liability waiver and were later involved in an accident.

For example, despite a liability waiver, you may still be able to file a lawsuit against a business if the liability waiver violates public policy. Depending on where you are located, there may be specific laws that prevent the liability waiver from being enforceable. In this case, it is critical to meet with a legal professional who understands the local policies of the state. It is possible the liability waiver may be unenforceable in your specific situation.

In other situations, the business entity might have engaged in something called gross negligence. This takes place where there is an extreme indifference or reckless disregard for the safety, health, and well-being of the people participating in that activity. Of course, gross negligence has to be proven in a court of law. This is another situation where a legal professional can be helpful. If gross negligence took place, then he might be able to file a lawsuit despite a liability waiver.

Finally, there may be situations where the wording in the waiver clause ambiguous. In order for a liability waiver to be enforceable, it has to be clear what rights you are waving when you sign the document. If the language is ambiguous, unclear, or vague, then you might be able to file a lawsuit claiming that you were unable to fully understand what you were signing at the time. Regardless of the situation, it is critical for you to rely on the help of a trained legal professional to defend your rights.