Can Signing a Waiver in Florida Prevent You From Filing a Personal Injury Claim?Tampa Bay Legal News
Living in Florida, there is almost no end to the exciting activities that one can engage in. However, everything comes with risks, which is why many times, if you decide you are going to take part in a particular activity, you are likely going to have to sign a waiver before you participate. Waivers can help companies waive liability in the case that someone is hurt, therefore avoiding the risk of being sued.
However, waivers must be written appropriately and include certain criteria. If a waiver is lacking information, invalid, or confusing, an injured party may still be able to file a personal injury claim. It is important, in these situations, to seek the assistance and counsel of a skilled attorney if you are interested in filing a claim after you signed a waiver. In Florida, the Tampa personal injury attorneys at Fulgencio Law can advise you of your rights and if you have the ability to file a claim for financial compensation after you sign the dotted line of a waiver.
When Would a Waiver Be Invalid?
Companies will use liability waivers as a layer of protection from lawsuits. When someone signs a waiver, they essentially acknowledge that they will not take legal action against a company if they suffer some type of injury accident. This begs the question, are victims of injury accidents who signed waivers completely precluded from recovering compensation after an accident?
It is important to understand that the way a waiver is written is key when determining if a claim can be made. The following elements must exist in a valid waiver:
- The language that is used in the waiver must be clear so that anyone reading and signing the document will have no issue understanding what rights they are giving up to engage in a particular activity or event.
- The terms in a waiver must be stated unambiguously and explicitly.
- The terms of the waiver must be absolute.
- The terms of the waiver must be very specific in defining limited liability.
If you were harmed engaging in an activity or at an event, and you signed a waiver, you may be able to show that the document did not meet the above standards and, as a result, is not valid and binding. In this way, you may have the right to file a claim for compensation.
Additionally, waivers do not safeguard a company from liability in situations where intentional misconduct leads to a personal injury event. For example, a waiver may not be used to keep a company from having an injury claim filed against them if a patron is assaulted or battered on their premises.
Speak to an Attorney at Fulgencio Law
It can be tricky to determine when a waiver bars you from recovery and when it does not. An attorney can help you sort things out and advise you on what rights you have to compensation.
After an injury accident, please call an experienced Tampa personal injury lawyer at Fulgencio Law to schedule a free consultation at (813) 463-0123, where you can learn more about your options.