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Generally, a liability waiver document is a legally binding agreement that relinquishes the right of one party to pursue legal remedy for injuries accrued on the property, regardless of fault involved.
Under California law, waivers of liability may not prevent people from suing for injuries resulting from gross negligence, recklessness, intentional torts or illegal acts.
A waiver is an exculpatory contract. That means it's used to excuse a party from responsibility when the other contracted party is injured by either known or unknown risks in a particular activity. This includes inherent risks and ordinary negligence.
You might think that since you signed a waiver acknowledging the risks of the activity, you have no legal leg to stand on to file a personal injury lawsuit. Waivers can make personal injury lawsuits more complex, but you can still seek damages for injuries that could have and should have been prevented.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
A liability waiver, or release of liability, is a legal document that a company or organization has you sign in order to protect them from being sued in the event that you are injured.
It is still possible to file a lawsuit if you sustain an injury, even if you do sign a waiver of liability. The simple act of signing these waivers does not prevent you from recovering damages if an injury occurs.
Despite the fact that you signed a liability waiver, an Arizona court is unlikely to enforce it, as it is not relevant to the case the defendant's conduct (intentional) is not covered by the waiver.