Can I Sue If I Signed a Waiver?

Sep 8, 2017 | Allen A. Ritchie

Allen's Answers

Golf Course Injury

If you signed a waiver of liability in Alabama, it is like giving your right to sue away. Depending on the wording of the release, you are assuming the risk for whatever happens to you.

Say you are at the gym. If you signed a release that states you know the gym and equipment is potentially dangerous and then the treadmill goes into hyper drive and sends you flying across the room into the weight rack, well … that is your problem.

You can argue that you did not understand what you were signing but that will probably not get you very far. Here is an example from a real case right here in Alabama. A pit crew member was hurt during a race. The crew member had signed several releases from businesses and individuals stating that he knew the risk he was taking when he took the job. After the accident, he said he did not fully understand what he was signing. The Alabama courts said that was no excuse and denied his claim to sue the businesses and individuals.

That doesn’t mean that outrageous behavior is forgiven just because you signed a release. In another example, an instructor was giving a ride on a jet ski that overturned. The instructor was found to have been drinking and the court ruled that his behavior was over and above what a reasonable person could expect. The instructor was sued.

My legal advice is read those releases. Know what you are giving away. There are some things lawyers can try to do to get you help … but they are not easy.

If you have questions especially about injury law including car wrecks, slip and fall and wrongful death, you can talk with the lawyers at Eiland and Ritchie for free. There is no cost until we collect for you. We want to help you get back on your feet.

Allen Ritchie

Personal Injury Attorney