Is it Legal for Property/Business Owners to Ask Customers to Sign Waivers of Liability?
Did you recently sign a waiver of liability and experience an injury afterward? If so, you may be wondering if it was legal for the property/business owner to ask you to sign a waiver. The truth is that it depends on the circumstances. Below, we will discuss the legality of waivers of liability and what you should do if you have signed one and experienced an injury.
Our team of knowledgeable premises liability attorneys at H&P Law can help protect your rights when seeking compensation for injuries sustained after signing a waiver of liability. Contact our office in Las Vegas, Nevada, today to discuss your particular situation.
What is a Waiver of Liability?
A waiver of liability is a document in which parties agree to give up their right to sue each other for negligence in the event of an accident or injury. It usually applies to property owners, business owners, recreational centers, and any other entity that offers services or activities involving physical activity or risk. Waivers are typically found in contracts for activities such as skiing, bungee jumping, paintballing, etc., although they can also apply to construction sites and rented properties.
Are Waivers Legal?
The answer is yes—but with certain conditions, including:
- a waiver must be clearly written with no ambiguity;
- it must be easily understood by all parties involved;
- it must be signed voluntarily without any coercion;
- it must not contradict any applicable laws; and
- the party signing the waiver must be fully aware of the consequences of signing it (i.e., they are giving up their right to sue).
In addition, minors cannot sign a waiver unless they have been given parental consent or are emancipated adults.
What Should I Do if I Signed a Waiver and Got Injured?
If you have signed a waiver and gotten injured as a result of taking part in an activity or using a service provided by another party, then your first step should be to consult with a lawyer who specializes in personal injury law. The lawyer can review your case and determine if the waiver was enforceable under applicable laws. They can also advise you on what steps to take next to seek compensation for your injuries.
If you are considering filing a premises liability lawsuit against the business or owner of the property on which you got injured, you must act quickly. Nevada imposes a two-year statute of limitations on most personal injury cases (NRS § 11.190). Failure to file a lawsuit within two years could result in losing your right to sue.
Contact H&P Law to Get Legal Guidance
Waivers of liability can be legally binding documents but only when certain conditions are met by both parties involved—namely, that the document is written clearly without ambiguity and signed voluntarily without coercion from either side. If you have recently signed such a document and experienced an injury as a result, then your best option would be to speak with an experienced premises liability attorney at H&P Law to help you understand your rights under applicable laws. Doing so could help ensure that you receive fair compensation for your injuries regardless of whether or not you had signed a waiver beforehand. Call (702) 598-4529 to get your free consultation.