Waivers for recreational activities are everywhere in today’s society.
Anyone with children has undoubtedly signed a waiver allowing them to participate in some type of sport, party, or school event. It seems that almost every kids’ birthday party these days begins with parents signing or clicking a release that says the facility will not be liable for injuries before they even let you enter the party room. And these waivers don’t just apply to children. Common places you may encounter waivers this summer:
- Trampoline parks or places with inflatable amusements
- Pools or water parks
- Your gym or fitness center
- Youth sports
- Sporting events like minor or major league baseball (this may be a disclaimer on the back of your ticket)
- Summer camp
- Martial arts
- Fruit picking or other “farm” activities
With such an exhaustive list, you may be wondering just how enforceable are these waivers? Don’t assume that you have signed away all rights to recovery! The Courts will look at various factors including whether you were aware of what you were signing before you participated, whether your injuries were included in the waiver, and the level of negligence or risky behavior by the Defendant that caused your injury, among other things. If you have suffered broken bones, concussions, or other serious injuries, consult an attorney to see what rights you have to compensation.
