If you like to try new and exciting activities, like zip lining, you’ve probably signed a liability waiver or two in the past. But how binding is this waiver, and does it really prevent you from being sued if you’re injured in an accident?
To see if you can sue for a zip line injury, we will start by obtaining and reading the waiver. This is to determine the exact liabilities excluded in the document and which rights you waived. We will then ask you specifics about the accident itself to see if it was due to gross negligence, one of the few reasons liability waivers do not hold up in court. Another reason waivers get voided is when victims do not sign them themselves, which is often the case in accidents involving minors. In most instances, minors cannot sign waivers, and their parents cannot waive their rights on their behalves. If the waiver is unenforceable and you can sue the zip line company for damages, you must do so before the statute of limitations runs out in your state. Otherwise, the court may block your recovery.
To get a free and confidential case discussion from our personal injury lawyers, call The Carrion Law Firm today at (718) 841-0083.
Questions to Ask to See if You Can Sue for a Zip Line Injury Despite Signing a Waiver
If you were injured while zip lining, our lawyers can read the waiver you signed to identify which liabilities the document expressly excluded, if any. We can then evaluate the level of negligence the at-fault party exhibited to see if it meets the level of gross negligence. How long it has been since the accident occurred, whether the victim signed the waiver themselves, and if the waiver violates public policy might dictate if the victim can sue.
What Liabilities Does the Waiver Exclude?
You can only assume risks you are aware of and that are explicitly mentioned in the liability waiver. The waiver itself must use clear language that the signer can understand; otherwise, it may be void. Though zip lining appears dangerous, because of modern technology, including all of the safety equipment used and instruction given to participants, there should be a relatively low risk of serious injury or death for participants. After the accident, our New York personal injury lawyers can obtain a copy of the waiver from the zip lining company and read the text carefully to see if it is ambiguous or if waived liabilities were hidden within the document.
What Level of Negligence Did the at-Fault Party Exhibit?
The level of negligence exhibited during the accident also matters when figuring out if you can sue. While liability waivers might be enforced in cases of ordinary negligence, courts typically void them when victims are injured because of gross negligence. Waivers do not absolve businesses from acting with reasonable care for participants’ safety. For example, just because you signed a liability waiver and assumed certain risks associated with zip lining does not mean you accept the risk of someone acting recklessly or disregarding your safety.
Gross negligence may void liability waivers that participants signed before zip lining. In zip line accidents, gross negligence typically stems from knowingly giving participants faulty safety gear or failing to give them the necessary safety instructions. Gross negligence not only lets victims who signed liability waivers sue but also opens the door to additional, non-compensatory damages, such as punitive damages.
How Much Time Has Passed Since the Accident?
Even if a waiver is unenforceable, victims must file their claims within the statute of limitations to sue or risk being barred from recovery. The deadlines to file personal injury lawsuits for zip line injuries vary from state to state. For example, in New York, victims have three years to sue, which is at the longer end of the spectrum. Victims who think liability waivers automatically bar them from suing could unintentionally delay their claims. Suppose an exception to the statute of limitations does not apply to your case, and you miss it. In that case, you won’t be able to recover damages against a negligent zip line company, even if the waiver you signed would be unenforceable in court.
Did the Victim Sign the Waiver Themselves?
The court won’t enforce the waiver if the victim didn’t sign it themselves. This is a common issue in zip line accident claims involving minor victims. Minors cannot legally waive their rights, and parents typically cannot sign their kids’ rights away. So, if you went zip lining with your child, and they were injured due to negligence, the waiver in place would likely not hold up in court, whether you signed it or they did.
When injured as minors, victims get tolling of the statute of limitations. Instead of the clock starting to run on the date of the accident, it would begin to count down the date the victim reaches majority age in their state.
Is the Waiver Against Public Policy?
Waivers that violate public policy or are unconscionable are typically not enforced from state to state. A waiver violates public policy if it goes against existing laws. Furthermore, if additional risks are associated with an activity not mentioned in the waiver, participants might need to be fully informed of the dangers they face. Moreover, since zip lining is a recreational activity enjoyed by many, including families and kids, participants also often assume that staff provides sufficient safety and oversight to avoid accidents and injuries to the best of their ability. Our attorneys can see if the waiver violates public policy or is otherwise unenforceable, permitting you to sue for injuries and damages.
Call Our Injury Attorneys to See if You Have a Case
Call The Carrion Law Firm’s Albany, NY personal injury lawyers at (718) 841-0083 for a free case assessment.