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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.
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.
Signing a waiver does not mean you automatically do not have the right to file a lawsuit after suffering a serious injury in California. Liability laws are complex and often require an attorney's assistance. If you signed a waiver before an activity that gave you an injury, speak to a lawyer about your rights.
Key Takeaways. A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
Releases of liabilitysometimes called waiversare legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
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.
A release of liability is a legal agreement between two parties in which one party waives the right to hold another party responsible for potential damages or 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.
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.
If you are injured as a result of ordinary negligence, the liability waiver may fully protect the defendant and leave you without legal recourse. If you are injured as a result of gross negligence, then you may have a case.