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Does signing an injury liability waiver mean you can never sue?

Many different types of entities in Louisiana use liability waivers to prevent victims from taking legal action after suffering an injury. For example, a tattoo parlor may require patrons to sign a waiver so that they cannot sue the parlor if a serious infection occurs. Other examples of businesses and companies that use liability waivers include the following.

  • Tour operators
  • Schools
  • Campgrounds
  • Amusement parks
  • Ski resorts
  • Equipment rental companies
  • Skydiving operators

In many cases, the liability waiver you sign may not prevent you from pursuing a personal injury claim. However, these waivers do seem to limit claims simply because injured parties believe the waiver will not permit a legal solution. Fortunately, there are ways a liability waiver may fail as legal protection against injury claims.

All liability: Forms that waive all liability are often unenforceable because courts find them too broad and nonspecific.

Reckless or intentional acts: Waivers that force you to sign away your legal rights in the face of a reckless activity may not hold up in court.

Waivers involving children: In some locations, parents cannot sign away an entity's responsibility if a child suffers an injury during an outing or event. For example, if you sign a waiver for your child's school-sponsored field trip, you can probably still seek a legal remedy if your child is injured.

Always read liability waivers in full before you sign them. If you or a loved one suffers an injury, take the waiver and your account of the incident to an attorney for guidance on the legal options that are at your disposal.

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Clary Suba & Associates | 406 N. 4th St. | Baton Rouge, LA 70802-5506 | Phone: 225-228-3694 | Map & Directions