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After I was injured at the amusement park, the staff had me sign “routine documents” before they took me to the hospital. Now I find out that I signed something saying that the park was not liable for my injuries. Is this valid?
Probably not. You want to have an attorney look at these documents as soon as possible, to make sure what exactly you waived.
But if there is some language indicating that the park and its equipment is not liable for the injuries received in the accident (as opposed to injuries received as a result of medical care), it is highly unlikely that a court would hold you to the waiver. The strong argument would be that the form was thrust on you quickly, you needed to go to the hospital, and were afraid that you would be refused care if you did not sign. Conversely, you would want to show that you were in so much pain from your injuries or that there were so many distractions that you were unaware of what you were signing. An example would be that your leg was badly broken and the bone had actually pushed through the skin, there was a lot of blood, your child was upset and crying and you weren’t sure who would care for him, and there was a great deal of commotion involved with getting the ambulance personnel to you. Under these conditions, it would be impossible to say that you made an informed decision to waive your right to later sue the park for your injuries.
These same arguments apply if the park later has employees who wrote down any statements that you made at the time that were against your interests. For instance, if you said, “I know I shouldn’t have stuck my leg out of the ride while it was spinning – how could I have been so stupid!” These outbursts tend to be said when you are in pain or under stress and may or may not be true, but you can be sure the park will use your explosive words against you if they can.
Another factor in your favor is that many states do not look favorably on liability waivers. At the time that you sign a waiver, you and the park are not in the same bargaining position – particularly if you signed it while you were waiting to be taken to the hospital or if it was presented to you as being something routine that you didn’t have cause to worry about.
Whether the release is found to be valid or not, you need to also explore whether there are other liable parties. For example, the manufacturer of the ride may be liable if the ride was not engineered or made properly, or another rider may be liable if he or she somehow caused your injury. Since these may not be obvious to you, it makes sense to contact an attorney to investigate other potential parties. |
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