Liability Waivers & Releases Maryland, Virginia, Washington DC
Legal liability waivers and releases can be a very complicated issue, especially related to the outdoor industry and recreation activities. Liability waiver and releases can be a companies first line of protection against a lawsuit; however, if drafted incorrectly, they can also provide an avenue for an injured victim to sue a company.
How many times have you or your company been faced with liability waivers or liability release issues? Chances are probably more often than you realize. In today’s society, it seems that everyone is trying to shield themselves from liability especially owners of sports and recreational entities. Facilities such as stadiums, swimming pools, camps, ice skating rinks, even businesses that host children’s birthday parties or rafting trips will likely present clients with a liability waiver before people can participate in the fun. However, liability waivers and releases are not always final and binding, and they can be found to be unenforceable. We have helped companies in many states, such as Maryland, Virginia, Washington, DC, New York, California, and Wyoming. In fact, Box Pro Magazine has specifically shared our advice regarding liability waivers and releases for recreation businesses.
As part of Longman & Van Grack’s Sports and Outdoor Recreation Law Practice, our attorneys have experience working with individuals and entities with liability waiver concerns such as:
- entities that need to have liability waivers and releases drafted
- entities that need to have liability waivers and releases reviewed and updated
- entities that are facing a lawsuit from a client who had signed a liability waiver or release
- individuals who have signed liability waivers and may be compensated for their claims even after they signed a waiver releasing the facility from any liability.
Que: What are liability waivers ?
Ans: A liability waiver is a contract signed prior to participating in an activity or event where one party assumes the risk of injury resulting from the ordinary negligence of the host of the activity or event. In essence, a liability waiver does two things: it limits the participant’s right to sue the host in the event of injury and it provides an assumption of risk defense that can be utilized by the host in the event of a legal claim. Liability waivers are most often a factor in negligence or personal injury cases. These documents are typically used when a person is participating in an activity or event that is inherently dangerous and involves clear risks.
Activities or events that may involve liability waivers include:
- Sporting Events
- Extreme Sports
- Adventure Racing
- Whitewater Rafting
- Whitewater Kayaking
- Whitewater Canoeing
- Cycling
- Skiing
- Camps
- Tours
- Rentals of vehicles or equipment
- Swimming Pools
An example of a classic liability waiver case may involve a person who is injured while participating in an extreme sport (such as sky-diving, whitewater kayaking, downhill skiing, SCUBA diving, or mountain biking) and their liability claim is questionable due to their signing of a liability waiver or release. In these types of outdoor recreation law cases, an experienced attorney is needed to evaluate the client’s case by reviewing the liability waiver and the surrounding circumstances to determine if the liability waiver is valid and enforceable or if the client has a valid claim despite the document.
Que: How can the attorneys at Longman & Van Grack can help you ?
Ans: There are many factors that may make a liability waiver or a release null and void. Each of our waiver and release attorneys are familiar with the outdoor industry, specialize in litigation, and are extremely knowledgeable about what factors need to be present for a liability waiver or release form to be valid and enforceable. As liability waivers are subject to state law, our attorneys are well-informed about what the law requires to create a valid liability waiver. Please contact Longman & Van Grack at (301) 291-5027 or at one of our offices in Rockville, Maryland, Bethesda, Maryland, Tysons Corner, Virginia, or Washington, DC for an evaluation of your liability and waiver legal matter.
