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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.
Can I still make a claim? Even if you signed a waiver of liability at a gym or sporting event, you still have the right to be kept safe, and to claim compensation if you were injured through someone else's negligence.
In Pennsylvania, such liability waivers, or exculpatory agreements, are generally enforceable, except in cases of intentional, reckless, or grossly negligent conduct.
A liability waiver will generally be upheld under New Jersey law unless the waiver is the product of fraud/concealment/misrepresentation/duress, or if (1) the waiver is unconscionable or (2) enforcement of the waiver would violate public policy.
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.
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.
Waivers contain agreements that limit a customer's ability to file a lawsuit after an injury. While signing the waiver reduces an injured party's legal options, it does not always prevent you from filing a personal injury claim.