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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.
Liability waivers are common in the recreational context and the sporting world, as a means of limiting the financial exposure of those who operate such enterprises. These waivers often intimidate prospective injury plaintiffs, and for good reason in Pennsylvania, liability waivers are generally enforceable.
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.
The Iowa Supreme Court has held that waivers signed by parents on behalf of their children are void as against public policy.
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.
The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries. In the recent Pennsylvania case of Vinikoor v. Pedal Pennsylvania Inc., Paul Vinikoor was injured during a bike tour and brought a lawsuit against the tour organizer, Pedal Pennsylvania. Mr.
However, it is important to understand that there are times when a waiver will not stop a lawsuit. In Pennsylvania, the Superior Court confirmed that if the conduct is grossly negligent and/or reckless, that the victim may sue regardless of a release.
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.
There are two main reasons a company will have you sign a liability waiver: 1) to document in writing that you have been warned of potential risks and 2) to remove their responsibility for injuries that arise from ordinary negligence.
In general, Iowa sees upholding waivers to be in the public interest. The state will enforce waivers as long as they are well-written, do not violate a statutory prohibition, and do not violate public policy.