Hurt in an accident? You may be entitled to compensation through a personal injury claim. You may be wondering: What if I signed a waiver? The short answer is “it depends”—a liability waiver in Missouri may or may not prevent you from bringing a legal claim. Waivers can be set aside or ruled unenforceable in certain circumstances. Within this blog post, our Kansas City personal injury attorney explains the key things to know about bringing a claim if you signed a waiver in Missouri.
What is a Liability Waiver?
Legal Information Institute defines a waiver as a document that involves the act of “an act of voluntarily giving up a right.” In the context of personal injury, waivers are often signed before participating in potentially risky activities like sports or recreational events. These documents are designed to protect organizations or individuals from lawsuits in case of an injury. That being said, signing a waiver does not automatically remove all legal rights.
Waivers Can Be Enforced in Missouri—But Must Meet Certain Criteria
To be clear, a personal injury liability waiver can be enforced in Missouri. However, the waiver must adhere to strict legal standards to be considered valid. To start, the waiver must be clear and unambiguous. The language used must be straightforward, and the intent to release liability must be evident. Beyond that, the scope of the waiver should be reasonable and not overly broad
Three Ways to Bring a Successful Personal Injury Claim After Signing a Waiver
Hurt in an accident in Missouri and considering filing a personal injury claim even though you signed a liability waiver? Here is an overview of the three options that you could potentially have to get around the waiver:
- Prove the Waiver is Inapplicable: One method to challenge a waiver is to demonstrate that it is inapplicable to the case. For example, a person may have been injured by a safety risk that they did not “sign away” in the waiver.
- Prove the Waiver is Unenforceable: Another approach is to prove that the waiver is unenforceable. As an example, if the waiver attempts to waive liability for intentional acts or gross negligence, it might be considered unenforceable.
- Sue a Third Party: The injury was caused by a third party not covered by the waiver, pursuing a lawsuit against them is an option. For example, if faulty equipment provided by another company caused the injury, that company could be liable.
Speak to Our Personal Injury Lawyer in Kansas City
At House Law LLC, our Kansas City personal injury attorney is a strong advocate for injured victims. If you or your loved one was hurt in an accident and you have questions about a liability waiver, we are here to help. Contact us today for a free review of your case. With a legal office in Kansas City, our firm handles personal injury cases throughout all of Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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