When you engage in activities with a company, you may be asked to sign a waiver of liability. For example, you may sign a waiver of liability if you are using a fitness center. What happens if an injury occurs there? Does that mean you cannot sue? Specifically, can you sue after signing a liability waiver after suffering a personal injury accident in Charleston West Virginia?
What Is a Release of Liability Waiver?
A liability waiver is a legal document you sign prior to engaging in some activity. That agreement states that you agree not to sue the institution, business, activity organizer, or some other party if you suffer an injury. These documents may be valid, depending on the situations present.
Did the incident occur as a result of ordinary negligence? The term ordinary negligence refers specifically to unintentional acts. It often revolves around unsafe conditions that the party could not have anticipated or could not have corrected. This type of injury is often covered by the liability waiver. That means you cannot sue for those types of losses.
However, gross negligence is very different. This is a term used to describe a situation in which a provider knows about a hazard and does not do anything enough to correct it. This is more of a willful disregard for a person’s safety. This type of incident may not fall under the coverage of the waiver.
For example, if you were hurt at the fitness center because you lifted too much weight, the fitness center will usually not be held liable in a lawsuit filed by you because of a waiver. However, if you were hurt by a piece of machinery that the fitness center knew was defective and still allowed you to use, that is gross negligence and not covered under the liability waiver.
Is Your Waiver Valid?
Keep in mind that West Virginia has a number of restrictions on liability waivers. While they may be applicable in many cases, there are restrictions on them that limit their use and the amount of coverage they provide.
Waivers are also only in place for a specific period of time. If the contract you sign does not stipulate this or tries to cover more than ordinary negligence, it may not be applicable under the state’s laws.
What to Do If You Were Hurt After Signing a Waiver of Liability
If you signed a liability waiver for anything and you suffered an injury afterward, it is critical that you seek out legal guidance to learn what your rights are. Contact our attorneys to discuss your cases, and we can then help you to navigate the actual details within the waiver. You will also learn if there is a way to prove that gross negligence occurred in your case. There are many situations in which you may find gross negligence was really behind what occurred.
Set Up a Free Consultation Today
Contact Salango Law now to inquire about the legal options you have. As a trustworthy and dedicated personal injury attorney in West Virginia, we will work closely with you to prove your case. Schedule a free consultation today.