Is a Waiver of Liability Enforceable in Miami if You Are Injured?

Liability waivers are common, especially when people want to engage in activities that are somewhat risky. They are particularly common along Miami’s beaches for activities like parasailing or jet-ski rentals. If you are injured after signing a waiver, there may be ways to challenge it.

Liability waivers protect businesses from legal liability for injuries stemming from ordinary negligence. They are common when customers or clients engage in somewhat risky recreational activities. If enforced, they can stop injured victims from suing negligent business owners. However, there are various ways in which waivers can be challenged or invalidated, and you should ask a lawyer for help.

Contact our Miami personal injury attorneys for a free legal review by calling Graves Injury Law Firm at (305) 614-2767.

How Do Liability Waivers Affect Legal Claims for Injuries in Miami?

Liability waivers protect business owners from liability, but they are not always ironclad. If you were injured after you signed a waiver, talk to a lawyer about whether you can sue for damages.

Limitations on Liability for Ordinary Negligence

Waivers shield businesses from liability, but only in cases of ordinary negligence or where there are inherent risks.

For example, many people vacationing in Miami rent jet skis. While jet skis can be fun, there are some risks involved. People could crash into something and get hurt, or fall from the jet ski and risk drowning.

A waiver would shield the jet ski rental company from liability in the event of an incident like this.

Legal Claims for Adults and Children

Liability waivers may protect business owners from liability, but the rules apply differently for adults and children. Waivers are usually valid and legally enforceable when an adult signs them. If a child signs a waiver but their parent or guardian does not, the waiver may not be enforceable.

If your child was injured after signing a waiver, but you did not sign the waiver or did not consent to the waiver, speak to a lawyer right away.

What Kind of Activities Usually Involve Liability Waivers in Miami?

Miami is a major tourist destination, especially during the summer. As such, there are lots of recreational activities for vacationers, and many of them come with waivers, such as…

• Jet Skis
• Boat Rentals
• Parasailing
• Water Skiing
• Charter Boats.

Can You Sue for Damages After Signing a Liability Waiver in Miami?

It may be possible to sue after being injured even if you signed a liability waiver, but you should ask a lawyer for advice first.

Suing for Gross Negligence

Waivers shield business owners from liability for ordinary negligence, but not gross negligence.

Ordinary negligence involves a lack of reasonable care under the circumstances and often leads to unintentional or accidental harm. For example, taking customers parasailing when the wind is a little too strong might be considered ordinary negligence.

Gross negligence often involves such a lack of care that it shows a conscious or willful disregard for others’ safety. Taking customers parasailing into strong winds and forgetting to buckle them into the harness, creating a major risk of falling, may constitute gross negligence.

Accidents Not Covered by a Waiver

The language in a waiver should be specific and mention the activities for which the business is not liable if things go wrong. If you are injured in some way that is not mentioned within the waiver, it is not covered, and the waiver might not apply to your accident.

Poorly Written Waivers

Some waivers may be so poorly written that it is difficult or impossible for a court to enforce them. This is common among business owners with no legal background who attempt to write their own waivers without consulting a lawyer about the appropriate language.

Review the waiver you signed with our Miami personal injuries and, if the waiver is poorly written or does not make sense, we can challenge it in court.

Concerns Over Public Interest

Even if a waiver appears valid and enforceable, it may be deemed void if it conflicts with public interest or public policy. For example, waivers that shield business owners from liability for intentional torts are usually voided because allowing such waivers to stand would conflict with public policy. When people commit intentional torts, they must be held accountable.

What Should You Do Before Signing a Liability Waiver in Miami?

Take the following steps before signing a waiver to protect your legal rights in case of an accident.

Research the Business

Before signing a liability waiver, research the business asking you to sign. Do they have a history of safety issues or accidents? Have people complained about accidents or unsafe conditions before? If so, you might want to reconsider signing.

Ask Questions

Do not be afraid to ask questions before signing a waiver. If the person in charge tries to dodge your questions or pressure you into signing, be careful. These might be signs that the activity involved is less safe than you are being led to believe.

Read the Waiver Carefully

Do not sign a waiver without reading it in its entirety. Does anything seem amiss? Is the waiver easy to understand? Is the language specific to vague? Is it clear what kind of activities are covered by the waiver?

If anything about the waiver makes you pause, ask questions and reconsider signing it.

FAQs About Liability Waivers in Miami in Cases Involving Injuries

What Does a Liability Waiver Do?

Liability waivers shield business owners from liability for accidents and injuries resulting from ordinary negligence. In short, if an accident happens, you might be unable to sue if you signed a liability waiver, barring special circumstances.

Can You Sue for Injuries After Signing a Liability Waiver in Miami?

Yes. Waivers do not protect against gross negligence. If the actions of the business constitute gross negligence, you can sue. Also, you may sue if the injury results from an activity not specifically mentioned in the waiver, you can sue.

There may be various reasons why a waiver would be unenforceable, and you should review the waiver with a lawyer.

How Can Someone Get Around a Liability Waiver in a Lawsuit?

Even if you sign a waiver that appears valid, there may be ways around it. If the waiver is overly vague or confusing, or a child signs a waiver without a parent or guardian, you may still be able to sue.

What Should You Do if You Are Hurt After Signing a Liability Waiver?

If you signed a liability waiver and became injured, you should call a lawyer for help as soon as possible. Hold on to the waiver and review it with your lawyer. If there is anything legally wrong with the waiver, your attorney may help you sue.

Contact Our Miami Personal Injury Attorneys if You Were Hurt After Signing a Waiver

Contact our Aventura, FL personal injury attorneys for a free legal review by calling Graves Injury Law Firm at (305) 614-2767.