Am I just out of luck if I am injured while participating in an inherently dangerous activity and/or after signing a waiver of liability?
Not necessarily. Even in inherently dangerous sports or even with a signed written waiver of liability, the owner of property or equipment can still be held responsible for personal injuries suffered in some circumstances.
If the owner failed to maintain the property or equipment in a manner suitable for its intended use, the owner could be held responsible for personal injury. (This often depends on the language of the statutes in the state's laws and may also depend on the language in the waiver form.) Courts do not want to allow a reckless owner from getting a "free way out" by using waivers of liability.
Owners of property and equipment must take reasonable steps to assure that their property or equipment is properly maintained and suitable for its intended use. For example, a sky diving company is responsible for the parachutes that it rents, although sky diving may be an inherently dangerous sport, the sky diving company must keep the parachutes that it rents to customers in good condition so that when the customer pulls the cord, the chute opens up.
On the other hand, if an owner has kept his property or equipment in good condition for use by members of the general public, a waiver of liability may preclude his liability for personal injury sustained by an injured party. This is part of the contractual arrangement between the owner and the customer, in exchange for use of the property or equipment at a set price, the customer as part of the bargain is said to knowing waive his/her right to sue in the event that s/he is injured as a result.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
