Legal Professional Explains the Impact of a Release of Liability Waiver on an Indianapolis Personal Injury Claim

Victims who’ve had an accident on someone else’s property may be disheartened to know that they can’t sue because they signed a release of liability waiver. It’s true that such a waiver protects business owners from legal action, but there are exceptions. Below, a personal injury attorney in Indianapolis explains the enforceability criteria for release of liability waivers.

What Is a Release of Liability Waiver?

A release of liability waiver is a legal document that customers, clients, and others sign for the right to participate in certain activities on a property. For instance, guests at a paintball park might sign a waiver that says they can’t sue the business if they suffer an injury during a game.

Other terms for a release of liability waiver include:

Hold harmless agreement
Exoneration from responsibility
Discharge of liabilities

When Is a Release of Liability Waiver Unenforceable in Indianapolis?

Typically, Indianapolis victims cannot sue a business if they’ve signed a release of liability waiver. However, Stewart & Stewart Attorneys discusses a few exceptions below.

Gross Negligence Exceptions

Gross negligence can render a release of liability waiver unenforceable. Examples of gross negligence include:

A nursing home that fails to feed residents for days
A doctor who prescribes medication that their patient says they’re allergic to
A driver who speeds through a busy intersection packed with pedestrians

Voluntary Assent

“Voluntary assent” means that the person who signs the waiver must do so with full knowledge of what signing entails. If an accident victim didn’t fully understand the risk of injury when signing the waiver, the court may deem it unenforceable.

Scope Limitation

Release of liability waivers must be limited to specific activities and events. The waiver must clearly say what it does and does not protect the business from.

Clear and Unambiguous Language

A release of liability waiver must use clear language that leaves nothing open to interpretation. If the waiver’s language is ambiguous or difficult to interpret, accident victims may have some legal recourse.

Public Policy Considerations

Release of liability waivers cannot involve essential services or violate public policy. For instance, patients can’t sign a waiver protecting a hospital from medical malpractice claims if something goes wrong.

Learn More About How a Release of Liability Waiver Impacts Indianapolis Personal Injury Cases

Indianapolis victims who have signed a release of liability waiver should reach out to Stewart & Stewart Attorneys at (800) 333-3529 to learn how the waiver impacts their case. Stewart & Stewart Attorneys can also explain the qualities of a reliable injury lawyer to assist victims with choosing a law firm.