Beware of Forced Releases and Waivers

Have you ever had to sign a waiver of your rights before you or your child could participate in a church or school activity or field trip?  Have you ever had to sign a release, stating that you promised not to sue for damages if you were injured while attending an event or using a trampoline or during a medical procedure?  Occasionally, I will have clients mistakenly believe that because they signed such a form, they no longer have any rights under Florida law to pursue a claim for personal injuries.

There is no cookie cutter, one-size-fits-all answer when it comes to whether such releases and waivers are valid and enforceable.  Some are valid in whole or in part, while others are not enforceable in whole or in part.  Were you forced to sign them under duress?  Did you know what you were signing?  Was consideration given to you in exchange for your waiver?  These are some legal considerations as to the validity of the waiver.  However, more importantly, the courts have construed these types of documents as not waiving your right to sue for the negligent acts of the person causing the harm.  For example, when you enter a roller skating rink, the ticket may have language on it stating you agree not to sue the establishment if you are injured while skating. Even though you may not have even realized you agreed to this, and were given no real consideration for agreeing to it, and you had to sign it if you wanted to skate, it still is enforceable if you are injured while skating and you simply fall down. Skating involves some degree of risk of falling and you assume that risk when you put the skates on.  Nevertheless, suppose one of your wheels on the skate came off due to poor maintenance causing you to fall and sustain a back injury?  Or suppose a ceiling fixture fell from the roof and injured your neck while on the premises?  Or you ate from the snack bar and suffered food poisoning?  These are all valid claims that would not be barred under the release. 

So if you are injured on a church ski trip, for example, not due to falling down while skiing but due to a tire coming off the church bus on your way to the slopes, your release you signed with the church will not bar you from pursuing your claim for damages resulting from your injuries.  Don’t think that you have no claim.  Call us.

John B. Arnold, Esquire
Burnetti, P.A.