Many businesses use liability waivers when there are inherent risks to customers who frequent that business. One example would be a gym, where someone could be injured while running or lifting weights. Other examples include businesses that provide access to risky activities like skydiving, rock climbing or whitewater rafting.
As a business owner, it is important to understand that a waiver does not mean you can never be sued by a client or customer. There are still situations in which negligence can occur and lawsuits may still be possible. However, a waiver can significantly strengthen your injury defense case – or even prevent the case from reaching the litigation stage altogether.
What are the inherent risks?
Typically, a waiver states that a person cannot sue if they are injured while participating in an activity that they reasonably understood was dangerous.
For example, someone may own a bouldering gym, which is a type of rock climbing gym with shorter walls that people climb without ropes. There are mats at the bottom of the walls, but it is still possible for someone to fall and suffer an injury. They could break an ankle during a fall, for instance.
If someone is merely injured while climbing the wall and taking an expected fall, they likely cannot sue because they accepted the inherent risks of the activity when signing the waiver. What they would instead have to demonstrate is that there was some form of negligence. For instance, they may claim that the climbing gym did not have appropriate padding on the floor or that one of the climbing holds broke because it had not been properly secured.
If the gym owner was negligent, then a lawsuit may still be possible. But if it was simply a routine injury, then the signed waiver may prevent the guest from suing.
Navigating a personal injury defense case
These cases can become complex. A business owner may argue that the injured person signed a waiver releasing the business from liability and that no negligence occurred, while the injured party may claim that unsafe conditions caused the accident.
With a significant amount of money and a company’s reputation on the line, it is critical for business owners to understand what legal defense options they have.