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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 liability waiver, or release waiver, is a legal document that a company or organization requires members of the public to sign in order to protect their organization from being sued if you sustain an injury.

So, if an accident happens and injury occurs, is a Waiver effective in protecting the institution from liability and preventing a lawsuit from the injured party? The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries.

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 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.

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.

Fact: You may still have a right to sue if you signed a waiver of liability. Before you assume that you have waived your right to hold a negligent company accountable, contact our office. While a waiver of liability is a contract, contracts can be found invalid by a Colorado court.

Ambiguous language or missing information can invalidate a waiver. The waiver contains errors that make it invalid. The language of the waiver must obey relevant state laws. An improperly worded or drafted waiver, as well as one that violates the law or public policy, may not hold up in court.

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.

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Colorado Waiver and Release From Liability For Adult for Weekend House

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Do waivers prevent suing?

What is a waiver of liability and what makes it valid?

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