Are Liability Waivers Enforceable in Virginia?

Rutter Mills Law Firm

Are Liability Waivers Enforceable in Virginia?

Car Accident Info

Liability or assumption of risk waivers are commonplace today. You’ve probably been asked to sign a release if you’re signing up for a recreational event, purchasing a gym membership, or another pay-to-play activity. It absolves the business from any lawsuits arising from an injury you suffer while participating. These legal agreements are utilized and enforced in most states, but Virginia is primarily an exception. Virginia’s Supreme Court has ruled that it will not implement pre-injury liability waivers that violate the Commonwealth’s public policy.

Most liability waivers are not enforceable in Virginia.

If you are hurt after signing a liability waiver, your car accident lawyer can sue the appropriate parties if their negligence caused your injuries. In the eyes of the law, liability waivers, or release forms, are fundamentally unfair to the participant– who is asked to waive their rights before the activity or event has even begun. In this way, they cannot make an informed decision if the program, event, or facility is safe and if proper measures have been taken to prevent needless injuries.

It’s important to note that the Virginia Supreme Court has upheld liability waivers in cases where the participant’s actions caused their injury or harm to another. In these situations, the participant may be forced to reimburse legal fees incurred by the provider if they were later sued in court.

I am voluntarily participating in dangerous activities.

Another situation where the court may enforce a liability waiver is when a person knowingly participates in dangerous activities such as race car driving, where severe and life-threatening accidents often occur. If the court views the activity as “inherently hazardous,” and the participant understood all risks and voluntarily chose to participate, they might not be afforded the same protections.

The next time you sign a liability waiver, remember that this does not automatically shield the provider from litigation when their negligence is involved.

Contact us for a free consultation

To learn more about your rights, contact the car accident lawyers of Rutter Mills in Virginia for a free consultation. You might qualify for monetary damages even if you signed a disclaimer.

Contact a Rutter Mills attorney to speak about your case today.

This field is for validation purposes and should be left unchanged.

Years Helping Accident Victims


Convenient Offices

Our Team

Team members ready to help.


You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens


A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video