An injury caused by someone else’s carelessness is always a hardship. The unexpected expenses, the inability to work, and the painful recovery can make life feel like it’s been turned completely on its head. This situation becomes even more complicated if you remember signing a paper before the incident; a paper that said you couldn’t hold the other person responsible. You might ask, can I still sue after signing a liability waiver in Texas?
For instance, maybe you signed a waiver at a gym where you got hurt or you suffered injuries in a rideshare accident. The good news is that a signed waiver doesn’t always prevent a lawsuit, and you may still be able to file a claim.
The specific facts of your situation and the legal rules in Texas are what matter most. A liability waiver is not a magical document that wipes away all responsibility for ever. Texas law recognizes that these waivers have limits, and in certain situations, an injury victim can still seek damages even after signing one.
Because these cases involve a lot of legal principles, a personal injury lawyer can examine the facts of your case, review the waiver, and explain your options. It’s best to act quickly because a person only has a limited time to file a claim. To find out if you have a case, contact a lawyer near you for a free consultation.
What Is a Liability Waiver?
When you go to a gym, participate in a sporting event, or even rent equipment, you might be asked to sign a paper called a liability waiver. People sometimes wonder what this document is for and how it works. A liability waiver is a type of contract. By signing it, you are generally agreeing to give up your right to hold another person or business responsible for any injuries or damages that might occur. This is done to protect the business from lawsuits related to common risks of their activities.
The Purpose of a Waiver
Think of a waiver as a legal shield for a business. It’s a way for a business or property owner to say, “The activity you are about to do has certain dangers, and if you get hurt because of a normal risk of that activity, you cannot sue us.” These documents are very common in situations that have some level of risk. You see them often at places like trampoline parks, rock climbing gyms, and amusement parks. They are used to make sure that a person accepts the normal risks of those fun but potentially dangerous activities.
The Legal Basis of a Waiver
A waiver is a kind of legal clause known as an exculpatory clause. This is a big word that just means a part of a contract that frees someone from guilt or liability. In Texas, for an exculpatory clause like a waiver to be enforceable, it has to meet certain legal requirements. The law wants to make sure that a person knowingly and willingly gives up their right to sue. It is not something a business can do without following specific rules. Texas courts have developed standards to decide if a waiver is valid.
Is My Texas Liability Waiver Valid?
Just because you signed a waiver doesn’t mean it is valid in Texas. Our state’s courts have a very specific set of rules that a waiver must follow to be enforceable. Two important legal ideas that a waiver must satisfy are the Fair Notice Doctrine and public policy. A person or business cannot just write anything on a piece of paper and call it a waiver. The law requires it to be clear and fair.
The Fair Notice Doctrine
A central part of Texas law regarding waivers is the Fair Notice Doctrine. This doctrine has two parts; both must be met for a waiver to be considered valid. These parts are conspicuousness and the express negligence rule. A waiver that fails to meet these two requirements is usually not enforceable.
- Conspicuousness: This means the waiver must be written in a way that a reasonable person would actually notice and understand it. For a document to be conspicuous, its language must be obvious and easy to spot. This can mean using a larger font, bold text, or a separate document that you have to sign on its own. A waiver hidden in the middle of a lengthy contract in tiny print might not be conspicuous enough. The law does not want people to sign away their rights without a chance to see what they are signing.
- Express Negligence Rule: A waiver must also follow the express negligence rule. This means the document must clearly and plainly state that it is releasing the business from liability for its own negligence. If a business wants to protect itself from a claim caused by its own carelessness, it must say so very directly in the waiver. For example, a waiver that simply says, “You agree not to sue for any injuries” is not likely to be enforceable. It needs to say something like, “You agree to release us from liability for injuries caused by our own negligence.” The waiver must express the intent to release the business from its own negligence in a specific way.
Public Policy and Gross Negligence
Even if a waiver meets the Fair Notice Doctrine, it still might not be valid if it goes against public policy. Texas courts will not enforce a waiver that violates what is considered a basic principle of fairness and justice. Some activities and situations are so important to public safety that a person or business cannot use a waiver to escape responsibility.
A waiver generally cannot release a person or business from liability for gross negligence or intentional harm. Gross negligence is an extreme degree of carelessness. It’s when a person or business acts with a lack of care so severe that it shows a complete disregard for the safety of others.
For example, if a business knew a ride was broken and ignored a clear safety risk, and a person was injured as a result, a waiver probably would not protect the business from a lawsuit. The law says you can’t sign away your right to hold someone responsible for such extreme carelessness.
When Can I Sue Even If I Signed a Waiver?
Sometimes, you may have a valid claim even after you have signed a liability waiver. This is because waivers are not always ironclad. The law offers several ways to challenge the validity of a waiver or to show that your injury claim is not covered by it. Here are some of the most common ways to challenge a waiver in Texas.
Waiver is Vague or Unclear
A waiver may not be enforceable if its language is vague or unclear. The document must clearly state what risks are being waived. If the waiver does not plainly describe what you are giving up your right to sue for, it may be invalid. For example, if a waiver only talks about the risks of a certain sport but your injury was caused by a slippery floor in the bathroom, the waiver might not apply. The law looks closely at whether the language of a waiver is ambiguous and can be interpreted in more than one way. If it is, the courts will often side with the person who was injured.
Waiver Is Against Public Policy
As mentioned earlier, a waiver that goes against public policy will not be enforced. Texas law says that a person cannot waive their right to sue for an injury that happened during a public service. For instance, you could not sign a waiver that releases a hospital from liability for negligent medical care. A waiver that tries to release a person from gross negligence is also against public policy. The law wants to make sure that a person cannot escape responsibility for extreme carelessness.
The Injury Wasn’t a Foreseeable Risk of the Activity
Many waivers are written to cover the “inherent risks” of an activity. This means the normal, common dangers that a person would expect to face. A person might expect to sprain an ankle on a hiking trail, but they would not expect a structural collapse at a rock climbing gym. If your injury resulted from a hazard or negligence not typically associated with the activity, you might be able to sue. An example of this would be if you signed a waiver to go horseback riding, but you were injured because of a faulty saddle that the company had a duty to maintain. This would be a risk caused by negligence, not an inherent risk of riding a horse.
How Our Attorneys Can Help
After an injury, it can be confusing to deal with a liability waiver. You may be under the impression that you have no options, but that is not always the case. A signed waiver does not automatically mean a claim is impossible. The lawyers at our firm can investigate the circumstances of your injury and review the waiver for any legal defects.
We can help determine if the waiver meets the Fair Notice Doctrine, which includes checking for conspicuousness and the express negligence rule. We can also identify if the waiver violates public policy, such as attempting to release a party from liability for gross negligence. Our firm can also see if your injury was caused by a risk that was not covered by the waiver. We can work with the at-fault party’s insurance company on your behalf to seek a financial recovery.
Frequently Asked Questions About Liability Waivers in Texas
Does it matter where I signed the waiver?
Yes, it can. Texas law is specific to our state. A waiver you signed in another state may be reviewed differently depending on the laws of that state.
Do I have to prove that the business was negligent?
Yes, to succeed with a claim, you still have to show that the business or person was at fault and acted with carelessness that caused your injury.
What if I signed a waiver for my child?
Texas courts generally do not enforce waivers signed by a parent on behalf of their child for injuries caused by the negligence of a third party.
Can a business make me sign a waiver to enter their property?
Generally, yes. A business can require a waiver for you to participate in an activity on its property. However, it still must follow Texas law for the waiver to be valid.
How long do I have to file a lawsuit after an injury?
In Texas, a person generally has two years from the date of the injury to file a personal injury lawsuit. This is called the statute of limitations.
Let Our Personal Injury Lawyers in Texas Help
A sudden injury can be scary and confusing, especially when you think a liability waiver prevents you from seeking a financial recovery. You have a limited time to act, so it is important to speak with a lawyer as soon as possible. The sooner you reach out, the sooner we can begin to investigate what happened.
Tyson Law Firm has experience helping people with various injury claims, from car accidents to Dallas pedestrian accident cases. Our firm is prepared to help you hold the at-fault parties accountable for the harm they have caused. Do not let a liability waiver discourage you from exploring your options. Contact our firm today for a free consultation.
