UNDERSTANDING LIABILITY WAIVERS FOR GUIDED TOURS
July 27, 2021
Many times when we take trips to new cities or are exploring our own, we want to participate in guided tours. Here in Savannah, we have countless different types of tours including walking, biking, boating, and more. Before most of these companies allow you to join, they’ll have you sign liability waivers. Therefore, it’s extremely important to understand what you’re signing. Sometimes these waivers can limit your rights making it more difficult if you get injured and are seeking help with your medical expenses through a personal injury case. If you’ve been hurt during a guided tour, here are a few of the most important things to look for when reading liability waivers to understand your rights.
What Is a Liability Waiver or Release Form?
Due to the dangerous aspects some activities have, businesses create forms for participants to sign in order to protect the company in case an injured participant tries to file a negligence suit against them. These waivers are used to shift the responsibility for injuries from your business to the participant. If you’ve signed a liability waiver and were injured, you may be wondering whether or not you still have a lawsuit from something the waiver did not cover.
Did You Have Fair Notice?
A lawyer may be able to argue that the waiver doesn’t meet the fair notice requirements. This also includes the responsibility of the business to alert the participant of the fact that it is a waiver of liability. Relevant wording must be demonstrated in large, bold font to attract the reader’s attention. A waiver that is in fine print and written using unfamiliar wording may be unenforceable under the fair notice requirement.
Was the Waiver Unconscionable?
A lawyer must be able to prove both of the following in order to claim to the court that the liability waiver is unconscionable:
There must be evidence that the person signing the waiver had no other choice and was denied the opportunity to negotiate.
The result of signing was one-sided, oppressive, or unanticipated which was a punishment to the person signing it.
Was It for A Child?
If you are a parent who signed a liability waiver for your child who got injured, you will not be able to recover your expenses in medical treatment for the child. However, your child may be able to recover damages for their pain, suffering, and for medical expenses that may arise due to the accident upon turning 18.
How to Get Help
Savannah’s Personal Injury Attorney Gene Brooks will gladly evaluate your claim and give you the best advice in moving forward with a case. If you or a loved one has been injured on a guided tour and are not fully to blame, contact Brooks Law Office today.