Can You File an Injury Claim After Signing a Waiver?

New Jersey businesses commonly require clients and patrons to sign a liability waiver before engaging in specific activities or using certain services, aiming to limit liability. However, even with a signed waiver, pursuing an injury claim is often still feasible. Waivers are not absolute, meaning you may be able to contest their validity under certain conditions. Due to the intricate nature of these situations, it’s highly advisable to consult with a dedicated Morris County Personal Injury Attorney for guidance.

What Are the Elements of a Valid Waiver?

An individual or company may require a person using their services to sign a liability waiver. This legal document asserts that the organization is not responsible for any injuries or harm suffered while using their equipment or engaging in activities on their premises. Common examples include gyms, daycare centers, and recreational activities.

To be deemed valid in New Jersey, a liability waiver must explicitly delineate the rights being forfeited, the associated risks, and all parties involved, thereby ensuring the waiving party possesses a comprehensive understanding of the implications in the event of an injury. The waiver must be assented to voluntarily, free from coercion, and with complete cognizance of the consequences.

It’s crucial to recognize that affixing one’s signature to a waiver doesn’t automatically abrogate one’s entitlement to compensation for injuries resulting from negligence, gross negligence, or intentional misconduct. The validity of a waiver is contingent upon various factors, including the clarity and unambiguous language, whether it was executed under duress, and whether the injury falls outside the scope what what is covered in the waiver.

Can You Still Pursue Legal Action if You Signed a Waiver Prior to an Injury?

While a liability waiver typically shields a company or individual from most injury claims, there are specific situations in which an individual can pursue legal action against the responsible party.

Generally, waivers are not enforceable in New Jersey if the injury resulted from gross negligence or intentional misconduct. If your injuries were caused by extreme carelessness or recklessness rather than ordinary negligence, the waiver might not protect the other party. If the injury occurred as a result of a risk not encompassed by the waiver or if the actions leading to the injury fell outside the parameters of the agreement, the waiver may not be applicable.

Furthermore, a court, in certain circumstances, may decline to enforce a waiver if it contravenes public policy. This can occur, for example, when a waiver attempts to protect a party from liability concerning matters that are inherently dangerous or vital to public safety.

As you can see, signing a liability waiver doesn’t necessarily negate your right to pursue compensation for your injuries. At Lutz Injury Law, we are prepared to evaluate your unique situation and determine if you have a valid claim. Connect with our firm today to learn how we can help you fight for the justice you deserve.