In these litigation happy days, many businesses require their customers to sign “waivers” or “releases” from liability. Many of these documents purport to prohibit any lawsuit for injury no matter what the cause. And it is not just kayaking or paragliding companies anymore. In fact, many gyms and spas now utilize these releases when new members join. The good news these papers are just not valid as written, and a cursory review by an experienced personal injury attorney will confirm your rights are still preserved.

Life in general has inherent risks. We all assume a certain degree of risk just be leaving our homes in the morning to go to work or school. Other activities have significantly higher degrees of risk that we assume if we choose to participate. For example, I went white water rafting in North Carolina. I signed the required waiver of liability because I knew the risk of that sport. However, I am only assuming the risk of the expected potential dangers. I am not releasing the company from liability if they are negligent in maintaining the offered rafts or negligent in hiring, training, or overseeing the raft guides. Even though the “waiver” form stated the company could not be sued for “any reason,” the laws of most states consider such broad language to be void and of no legal effect.

Recently, I was consulted by a father whose young daughter was injured while enrolled at a summer camp. Although he was required to sign an “release of liability,” I explained that children represent special cases in personal injury law and that the document he signed was invalid as written. Because the camp had acted negligently, he could proceed to pursue a case for the medical bills incurred, and his young daughter was not affected at all. Her claim would be guided by the special rules for minors.

Lastly, I have a current case against a “non-profit” spa/gym in a prestigious area of South Carolina that requires all new members to sign a full release of liability even if that facility is negligent. Frankly, I have never seen such a bold, but completely invalid, disclaimer in my 24 years of practicing personal injury law. Of course, the facility tried to use this document to intimidate my client, but we plan to use the exhibit at trial to show the complete arrogance and total disregard for their patrons.

So the next time you are presented with a “waiver” or “release,” you can rest assured the only risk you are taking are those that naturally result from the activity itself. Any injury caused by the negligence of a business or other individual is still subject only to “contributory” or “comparative negligence” rules of the State where the injury occurs. If you have any questions, it is best to consult an experience personal injury attorney in your area. If you would like to learn more about your potential case, call or email Robert Reeves at 704.351.7979 or . Be Safe. Get Home.