Waivers are a normal part of doing business, especially if there is some risk to the customer. The point of a waiver is to shield the business from liability if the customer is injured. If you signed a waiver before being injured, talk to an attorney, as your ability to sue might be limited. However, not all waivers are legally binding, and they might be unenforceable.
Signing a waiver does not necessarily stop you from filing an injury lawsuit in Texas. However, depending on the terms of the waiver, your case might be cut short. If the waiver is valid and legally binding, your right to sue for your injuries may be waived. Talk to a lawyer about your case anyway. Many waivers are deemed unenforceable because of vague language, public policy concerns, or coercion. If this is the case, your right to sue is no longer waived, and your injury lawsuit may proceed.
Call The Queenan Law Firm, P.C. at (817) 476-1797 to get a confidential case review for no charge from our Dallas personal injury attorneys.
Filing an Injury Lawsuit in Texas After Signing a Waiver
People file injury lawsuits all the time, but a waiver might make the case a bit more complicated. Since waivers are designed to shield businesses from liability when customers are injured, the success of your lawsuit might be in jeopardy. If you signed a waiver before becoming injured, our Amarillo, TX personal injury attorneys will review the waiver and the facts of your accident to determine if the waiver prevents you from suing.
Even if you signed a waiver, you are not necessarily barred from filing a lawsuit for your injuries. In fact, many plaintiffs who have signed waivers proceed with lawsuits. Of course, the defendant will almost certainly try to assert the waiver and put an end to the case. Whether their case may continue depends on the terms of the waiver and whether they cover your injuries and accident.
Waivers are tailored to the services provided by a particular business, so whether or not the waiver covers your accident depends on many different factors. Waivers must also meet certain legal criteria to be considered legally binding. Whether the waiver you signed is binding is yet to be determined, regardless of what the defendant claims.
How a Waiver Can Limit Your Texas Injury Lawsuit
If you signed a waiver, it might limit the business’ liability for ordinary negligence. For example, suppose you sign up for a sports team. In that case, you will likely have to sign a waiver relieving the sports league of liability for injuries that stem from ordinary negligence or certain assumed risks. This might include common sports-related injuries like tripping on the field, being hit in the face by the ball, or common strains and sprains on your body.
The waiver might clearly define assumed risks. If these risks are the main cause of your injuries, suing might be difficult. Since waivers are usually implemented when there is some degree of risk involved to customers, this issue comes up rather frequently. For example, when someone joins a gym, there are certain assumed risks. Gym equipment can be very heavy and dangerous if someone uses it incorrectly. Injuries in the gym could be considered an assumed risk, and the gym itself might be shielded by the waiver.
If the waiver is legal and binding, you might not be able to sue the business for your injuries. Even so, you can have a lawyer review the waiver. Waivers must be carefully constructed in order to be lawful and legally binding. People with no legal training or background sometimes try to draft their own waivers to save money on attorney fees. Mistakes are more likely when this happens, and the waiver might not be valid.
How to Challenge a Waiver in a Texas Injury Lawsuit
A waiver might be a roadblock, but it is not impossible to overcome. Courts tend to disfavor waivers anyway, and a court might be inclined to agree with you if you dispute the waiver. There may be numerous grounds on which we can challenge the waiver, depending on the unique circumstances of your case.
First, we should consider who signed the waiver. Generally, waivers signed by minors without their parents or guardians are voidable. When a waiver is voidable, it may be canceled by one or both of the parties to the waiver. If your child signed a waiver before becoming injured, you can void the waiver so your lawsuit can move forward.
Second, we should check to see if the waiver contains terms that seem a little too unfair. Such terms might go against public policy or public interests. Alternatively, there might be laws prohibiting the terms of your waiver. If this is the case, the waiver may be unenforceable,
Third, the waiver must be clear and detailed. If the language of the waiver is vague or does not seem to mention anything specifically while also encompassing everything vaguely, it might be unenforceable. Even if the waiver is specific, it might not cover all possible accidents and injuries. If the waiver does not cover your accident, it should not stop you from suing.
Fourth, did you know about the waiver? Waivers snuck into other documents or in fine print might be unenforceable if you did not know about them when you signed. Waivers must be signed knowingly. This might also apply if you were told about the waiver but misled about what it means or what it covers.
Contact Our Texas Personal Injury Attorneys for Help with Your Case Now
Call The Queenan Law Firm, P.C. at (817) 476-1797 to get a confidential case review for no charge from our Arlington, TX personal injury attorneys.