Can You Sue If You Signed An Injury Waiver And Get Hurt?

When you participate in a potentially dangerous activity, it’s common for the venue to ask you to sign a release to protect them from any potential liability if you happen to get hurt. Most people who sign these assume that they cannot take legal action against a venue if they get hurt once they signature these forms, but this is often not the case.

In California and most other states, a judge will make sure that three conditions are addressed in the release when determining whether to let a potential plaintiff move forward in suing a venue.

The judge presiding over such a matter will first review the contract to make sure that the provisions contained within it didn’t violate public policy codes or any state laws.

A judge will also want to know that the language used in the release is appropriate to the particular industry that the activity falls within.

The judge will require the defendant to affirm that the injuries the plaintiff suffered were outlined as potential risks associated with the activity in which they were preparing to participate.

Provided that these conditions are met, a judge may throw out a plaintiff’s case against a defendant.

Contract law is complex. If a venue has a child sign a contract instead of an adult or fails to clearly outline the potential risks associated with an activity, they may be able to be sued if you get hurt. If their release violates any laws, then it may be thrown out as well.

A personal injury attorney can review the release that you signed and let you know whether you can file suit to recover damages for any injuries that you received as a result of your participation in a particular activity here in Sacramento or elsewhere in the state.