The Purpose of a Waiver: What You Need to Know
Waivers may come in a variety of forms. Common examples include the following:
- Waiver of rights
- Release of liability
- Waiver of liability
- Assumption of risk
- Agreement to hold harmless
This is not an exhaustive list. Generally, though, businesses ask customers to sign waivers so that customers will officially agree to give up certain assumed rights. One such right a waiver may ask a customer to relinquish is the right to take legal action if they are injured while using a business’s products or services.
Massachusetts Businesses That Use Waivers
Types of businesses that may protect themselves with waivers include (but are not necessarily limited to) the following:
- Amusement parks
- Gyms/fitness centers
- Recreational facilities
- Businesses whose products/services naturally involve a customer assuming a degree of risk, such as parasailing or skydiving businesses
- Daycare centers
Recovering Compensation After Signing a Waiver in Massachusetts
If you’ve been injured after signing a waiver, don’t immediately assume there is no possibility that you can recover financial compensation for your losses. It’s best to review your case with a legal professional. Experts at our Boston personal injury law firm can help you better understand what your options may be in the circumstances.
It can sometimes be possible to receive compensation for an injury even after a waiver has been signed due to such factors as:
A valid waiver will not protect a business or individual from being found liable if someone who signs a waiver was harmed as a result of unreasonable gross negligence.
For example, perhaps you go to an amusement park and sign a waiver stating you understand that some of the attractions in the park can potentially cause injury to riders. When signing a waiver, however, it may be reasonable of you to assume that the amusement park’s owners/managers have taken all reasonable steps to prevent accidents from happening.
Perhaps you are injured on a ride because it was not properly maintained. In this case, you might have grounds to file a claim or lawsuit seeking compensation. Because you were injured as a result of gross negligence, or recklessness, the waiver you signed might not protect the company.