If you have ever bungee jumped or participated in any other type of inherently risky behavior, you might recall signing a liability waiver. Even tickets to professional sporting events will often have a liability waiver printed on the back in very small print. The gym membership you sign probably has a liability waiver as well.
The liability waiver intentionally relinquishes or abandons a legal right or claim against the operator or service in the event of a personal injury. Essentially, it says you accept the risk and agree not to sue if you suffer injury. There is no overall rule on the enforceability of liability waivers, as waiver law varies by state. Louisiana is only one of three states where liability waivers are not enforced. Montana and Virginia are the other two states where courts will not uphold liability waivers.
In other states that do enforce liability waivers, some take a strict stance towards enforcement while others have a more lenient view on their enforceability. In most cases, even the most seemingly ironclad liability waiver cannot withstand a court’s finding negligence on the part of the service provider.
Even though Louisiana does not enforce liability waivers, the law is subject to change and many service providers will use them. Consult a personal injury attorney if a liability waiver limits your recovery for injury.
Harrell & Nowak, L.L.C. – New Orleans injury lawyers