Do Liability Waivers Hold Up in Court?
Wednesday, September 4, 2019
Often, you will be required to sign a waiver before you or your child participate in sports, field trips, camps, and most recreational activities run by an individual or organization. The purpose is to protect the individual or organization from any and all liability in the event that you or your child is hurt while participating in said activity.
Liability waivers have become so common that most people do not review or even consider waivers before signing them.
A standard liability waiver is in place to protect the individual or organization from any legal action if you or your child becomes injured at their establishment. These waivers are intended to be legally binding contracts that essentially waive your right to sue, even due to negligence of the individual or organization running the activity. Over the years, courts have made a wide-ranging of decisions on whether liability waivers are legitimate and enforceable. Currently in Ontario, a standard liability waiver is typically upheld in courts, according to the law.
Generally, a liability waiver can be relied upon for any injuries sustained with respect to the actual activity but not for injuries that occur on the property unrelated to the activity; such as, if you or your child slip and fall on ice in the parking lot.
Just remember, the individual or organization needs to take the necessary step to bring the waiver to your attention prior to the activity along with sufficient time to review and sign the waiver. That being said, the enforceability of a waiver is not clear cut and if you are uncertain if the waiver applies to you with respect to an injury, we strongly recommend that you contact our highly experienced personal injury lawyers immediately to ensure your future is protected. At TS Law, there are no legal fees unless you win, and our experienced team of litigators will come to you, if necessary, for a free no obligation consultation, regardless if your injuries have you in the hospital or at home.
Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.
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