Many recreational activities we engage in demand that we sign a waiver form before we can participate. I can think of several examples from my life, including skydiving, renting snowmobiles, operating go-carts, and zip-lining. These waivers, are they valid? Generally speaking, yes. It takes a close examination of the release, the surrounding circumstances of its signing, and the specifics of the alleged negligence to determine when they don’t.
The Law of Releases Of Liability
By Massachusetts law, signing such disclaimers typically bars someone from bringing a claim for simple negligence against the business or person providing the service or the equipment used in the activity. Our courts have consistently demonstrated a readiness to permit persons to voluntarily waive their right to sue for ordinary negligence in return for the freedom to engage in an inherently risky activity. The buyer must agree not to bring any claim or civil defense against the seller and any assignee of the fitness club services contract by the law if it arises from the fitness club contractual relationship or the buyer’s activity at the health club.
Additionally, a court will probably find it unenforceable if the waiver was acquired through deceit or coercion. Lastly, a waiver cannot offer a defense against an act that is thought to be illegal. Turco Legal, P.C. can help you with your claims.
Gross Negligence- What Is It?
According to the legal definition provided by our courts, a legal act or omission that violates a duty in an exacerbated manner is referred to as gross negligence, as opposed to just failing to use ordinary care. Gross negligence is significantly and noticeably more severe than ordinary negligence. It is severe negligence or the lack of even the most minimal caution or care. A person of ordinary wisdom should exercise a manifestly greater degree of watchfulness and circumspection than is required by gross negligence. Momentary carelessness in the presence of “grave and immediate risk” may be deemed to be gross negligence.
As you can see, the definition of gross negligence is complicated, fact-specific, and quite legalistic. It is a legal finding that needs to be supported by a careful investigation and an accomplished injury lawyer.
You Signed A Waiver. You Were Harmed.
There is a potential that the release you signed will preclude you from pursuing damages if you signed it before engaging in an activity and were hurt while doing it due to the company’s usual carelessness. You might be able to bypass the waiver and file a claim if your damage was caused by willful misconduct or if you were deceitfully coerced into signing it.
