Understanding the Legal Implications of Signing a Liability Waiver in Florida
Introduction
Many activities, from gym memberships to amusement park rides, require participants to sign liability waivers. These documents are designed to protect businesses from lawsuits by limiting their liability for injuries. However, just because someone signs a waiver does not necessarily mean they have waived all legal rights to seek compensation after an injury.
This guide explains how liability waivers work in Florida, when they can be challenged in court, and what injury victims should know before assuming they have no legal recourse.
What Is a Liability Waiver?
A liability waiver, also called a release of liability, is a contract in which one party agrees not to hold another party legally responsible for injuries or damages that may occur during an activity. These waivers are commonly used by:
- Fitness centers and gyms
- Amusement parks and recreational facilities
- Sporting events and adventure activities, such as skydiving and zip-lining
- Medical treatment providers offering elective procedures
- Childcare centers and summer camps
Businesses use waivers to protect themselves from lawsuits, but not all waivers are legally enforceable.
Are Liability Waivers Enforceable in Florida?
Florida courts generally enforce liability waivers, but only if they meet specific legal requirements. For a waiver to be valid, it must:
- Be clear and unambiguous, meaning the language must specifically inform the signer that they are waiving their right to sue for negligence.
- Be voluntarily signed, meaning the participant was not pressured or forced into signing it.
- Not be against public policy, meaning it does not attempt to waive rights that cannot legally be signed away.
If a waiver is vague, misleading, or overly broad, it may not hold up in court.
When Can a Liability Waiver Be Challenged in Florida?
Even if a person signs a waiver, there are several circumstances where they may still be able to file a personal injury claim.
Gross Negligence or Intentional Misconduct
A waiver may protect a business from claims of ordinary negligence, but it does not protect them from liability for gross negligence, recklessness, or intentional harm.
Example: A gym knowingly allows customers to use broken equipment, leading to a serious injury. A court may find that the gym’s failure to fix the equipment amounts to gross negligence, making the waiver unenforceable.
Unclear or Overly Broad Language
If a waiver contains confusing language or does not explicitly state what rights the signer is waiving, a court may rule it invalid.
Example: A trampoline park’s waiver states that customers assume “all risks” but does not specifically mention negligence. A court could determine that the waiver does not protect the business from a negligence lawsuit.
Violation of Florida Public Policy
Some rights cannot be waived under Florida law, such as the right to sue for injuries caused by inherently unsafe conditions or illegal activities.
Example: A daycare requires parents to sign a waiver releasing them from all liability, even for child abuse or unsafe staffing practices. A court would likely find this waiver unenforceable.
Steps to Take If You Signed a Liability Waiver and Were Injured
If you signed a waiver and later suffered an injury, you may still have legal options. Taking the following steps can help protect your rights:
- Seek immediate medical attention and document your injuries.
- Obtain a copy of the waiver you signed and review its terms.
- Gather evidence of the accident, including photos, witness statements, and reports.
- Consult a personal injury attorney to determine whether the waiver is enforceable and whether you have grounds for a claim.
How a Personal Injury Attorney Can Help
A personal injury attorney can:
- Review the liability waiver to determine its validity.
- Investigate whether the business was grossly negligent or engaged in misconduct.
- Gather evidence to support a legal claim despite the waiver.
- Negotiate with the business or insurance company for a fair settlement.
- File a lawsuit if necessary to pursue full compensation.
At Bonderud Law, we help injury victims challenge unfair liability waivers and seek compensation for medical expenses, lost wages, and pain and suffering. If you have been injured and believe a waiver may affect your claim, contact us today for a free consultation.
Conclusion
Signing a liability waiver does not automatically mean an injury victim has no legal recourse. In Florida, waivers must meet strict legal standards to be enforceable, and they do not protect businesses from claims involving gross negligence or illegal activity.
If you have been injured after signing a liability waiver, consulting with an attorney can help determine whether you still have the right to pursue compensation.
