Most Liability Waivers are not Enforceable in Virginia

If you are hurt after signing a liability waiver, your personal injury 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.

What to do When I Chose a Dangerous Activity

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.