Many businesses such as fitness centers, kids’ activity and play companies, and other privately owned recreational centers require those who participate to sign a liability waiver. These types of waivers are very common between businesses and the general public who wants to partake in activities offered on their premises. Often times, these waivers are poorly drafted which can be as effective as having no waiver in place at all.
If a waiver is drafted appropriately, it could bar a person who suffers from injuries on those premises to recover for those damages. Courts use a high level of scrutiny in determining the sufficiency of the language used and the way it was presented to the participant in determining whether that person can recover damages. The business seeking to use a waiver starts at a disadvantage when facing a lawsuit because they must overcome this high level of scrutiny. The court wants to look out for and protect the injured party. Businesses that rely on liability waivers should do everything possible to ensure their waivers are drafted to withstand a court challenge.
If you signed a waiver of liability but were injured on the premises of that business, you should seek experienced legal counsel. Contact Ventura Law.