I’ve Signed a Waiver – Have I Waved My Rights Goodbye?
You may have signed a waiver but this doesn’t necessarily mean you have waved your rights goodbye.
We are often required to sign a waiver, particularly if taking part in a challenging activity such as climbing, assault courses, zip wires or attending trampoline parks. More often than not we feel compelled to sign the waiver as entry will be refused if we don’t.
The waiver usually excludes the business from liability for injury or damage to property.
But does signing a waiver mean you have no recourse if you are injured? Not necessarily.
Waivers are legal BUT section 2(1) of The Unfair Contract Terms Act 1977 provides that business and event organisers cannot use a waiver to protect themselves from liability where their negligence has resulted in injury or even death. This is because it is near impossible for the person signing a waiver to reasonably foresee all the possible risks involved.
Examples may include: • Injuries resulting from poorly maintained or poorly built equipment • Lack of warning notices regarding the potential for injury • Injuries as a result of a lack of or unsuitable safety equipment
If you’ve signed a waiver for you or a child in your care and the activity resulted in injury you may be entitled to claim compensation.
There are time limits to making a claim so it is advisable to seek legal advice as soon as practicably possible. You have three years for your lawyer to lodge your claim with the Courts. For those under 18 at the time of injury, the three years run from their 18th birthday. However, it is not advisable to wait until the last few months as there is considerable work required by your lawyer before any claim can be made.
For free no obligation advice call our Personal Injury department on