Do Not Sign Away Your Rights
Big companies do all they can to limit or reduce their liability. Whether you go on a cruise or to an amusement park, there is a risk – signing legal documents without reading. It is a very common occurrence. In fact, in many instances, if you do not sign a liability waiver, you cannot partake in a particular activity (e.g., enjoying a water park or roller coaster).
In many of these agreements, you are acknowledging a release of liability for the location or company from any harms that may befall you as a result of their negligent actions.
In other circumstances, you are agreeing to a liability waiver through the fine print of a contract (typically under the terms and conditions). This is most common in the cruise ship context. There are waivers contained on the back of your ticket in very small print. Oftentimes, you are agreeing to a specific venue where you can file a personal injury or wrongful death lawsuit.
Waivers contained within terms and conditions are becoming more common by the day. For example, if you have ever used Uber or Lyft, when you initiate the request, you are automatically agreeing to waive your right to a jury trial in favor of out-of-court arbitration. If you have a gym membership, the documents you signed when signing up effectively release the gym from almost every type of accident that occurs on their premises.
Challenging the Liability Waiver
If you or a family member is seriously injured in a cruise ship accident, amusement park accident, defective equipment at the gym, drunk Uber driver, etc. the existence of a liability waiver does not automatically ruin your chances of pursuing financial restitution through a personal injury lawsuit. For example, in certain circumstances, these liability waivers were not correctly drafted by the business owner or insurance company. If that is the case, your Miami personal injury lawyer may be able to have the release thrown out altogether. This is because, if you have signed an agreement that is deemed to be defective or improper, it can be treated as void by a Miami court and you will no longer be bound by those terms and conditions.
The Takeaway
It is important to remember this golden rule – when you sign something you need to read it. If those terms and conditions trouble you, it may be worth considering whether the activity or membership is worth agreeing to the liability waiver. The other important takeaway is if you signed a liability waiver, it does not mean you have no legal recourse if you are harmed due to the negligence of an employee or a defective item or area on a business premise. You should speak with an experienced attorney to discuss your legal options.
Contact a Miami Personal Injury Attorney Right Now
Do not delay in taking legal action. Contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free, confidential consultation.
Resource:
arstechnica.com/tech-policy/2017/08/woman-uber-driver-drove-perpendicular-to-traffic-leading-to-serious-accident/
