When you participate in certain activities, you may be asked to sign a waiver. These waivers often state that you are releasing the business or person from liability if you get injured. However, signing a waiver does not always mean you cannot sue if you get hurt. In Georgia, there are several factors that determine if you can still seek compensation.
Waivers and Their Purpose
A waiver is a legal document in which you agree to give up your right to sue for injuries sustained during an activity. Businesses use waivers to protect themselves from lawsuits and to inform participants of potential risks. Common activities requiring waivers include sports, fitness classes, amusement parks, and recreational events. While these waivers aim to limit the business’s responsibility, they do not grant them absolute protection.
The Enforceability of Waivers in Georgia
For a waiver to be enforceable in Georgia, it must meet specific criteria. First, the waiver must be clear and unambiguous. The language should explicitly state that you are giving up your right to sue for injuries. If the wording is confusing or vague, the waiver may not hold up in court. Second, the waiver must be voluntarily signed. If you were forced or felt pressured to sign it, you might have grounds to contest its validity. Lastly, the waiver cannot violate Georgia’s public policy, meaning it cannot protect a business from liability for gross negligence or intentional harm.
Negligence and Gross Negligence
Negligence occurs when someone fails to exercise reasonable care, leading to another person’s injury. Even if you signed a waiver, you could still sue if the injury resulted from the business’s negligence. Gross negligence involves extreme carelessness or reckless behavior. In Georgia, waivers generally cannot protect against gross negligence. If the business or person showed a blatant disregard for safety, you might have a strong case despite the waiver.
Assumption of Risk
When you sign a waiver, you often assume certain risks associated with the activity. This is known as assumption of risk. For example, if you participate in a sport, you accept the inherent risks like sprains or bruises. However, this does not mean you assume all risks. If the business failed to maintain safe conditions or did not provide proper instructions, they might still be liable. Your ability to sue depends on whether the injury was a risk you knowingly accepted or a result of the business’s negligence.
Unconscionable Waivers
Some waivers may be considered unconscionable, meaning they are extremely unfair or oppressive. In Georgia, courts may refuse to enforce a waiver if it is deemed unconscionable. Factors that contribute to this include a significant imbalance of power, lack of negotiation, or if the waiver was hidden in fine print. If you believe the waiver you signed was unfair or deceptive, you might still have the right to sue.
Proving Your Case in Court
To successfully sue after signing a waiver, you must prove certain elements in court. First, you need to show that the waiver does not meet the enforceability criteria. This could involve demonstrating unclear language, coercion, or violation of public policy. Second, you must provide evidence of negligence or gross negligence. This might include witness testimony, maintenance records, or safety protocols. Lastly, you need to show that the waiver was unconscionable, if applicable. Gathering and presenting strong evidence is crucial to building your case.
When to Seek Legal Help
If you are injured after signing a waiver, it is wise to seek legal advice. A personal injury attorney can assess the validity of the waiver and determine if you have a viable case. They can help gather evidence, manage the legal process, and advocate on your behalf..
Atlanta Personal Injury Lawyer
If you or a loved one has been injured in Atlanta after signing a waiver, you may still have the right to seek compensation. The attorneys at Butler Kahn, PC are here to help you understand your legal options. Contact Butler Kahn, PC by calling (678) 940-1444 or contacting us online for a consultation. Let us help you get the justice you deserve.
