Can I Still Sue if I Signed a Liability Waiver in Florida?

You may still be able to take legal action against a company or property owner in Florida even if you signed a liability waiver. Many of these waivers are unenforceable, especially if the liable party acted negligently and caused your injuries. However, recovering compensation in these cases can be challenging. 

You will want to work with a Fort Lauderdale personal injury lawyer experienced in these cases who can help you understand the liability waiver and build a strong case to show why you deserve compensation for your injuries. Many lawyers offer free consultations so you can learn about your legal options without incurring any additional financial losses. 

What Is a Liability Waiver and How Does It Work?

Liability waivers are contracts you must sign before participating in certain activities. They are common and generally intended to release the sponsoring company or commercial activity provider from any liability if you suffer injuries due to your participation. They are most used in high-risk activities, which could include: 

• Boat accidents on rented vessels
• Personal watercraft and jet ski rentals
• Scuba diving tours
• Other water sports
• Amusement parks
• Rock climbing venues
• Recreational sports leagues
• Cruise ship attractions
• Gym or workout injuries
• Extreme sports attractions

Liability waivers protect organizations from lawsuits if your injury occurs as a natural part of your participation. For example, you might suffer a hamstring injury while running the bases in a recreational softball league. 

However, what happens if negligence led to your injury? The waiver is unlikely to protect the negligent party in that case. If they failed to maintain the field properly and you stepped in a hole and broke your ankle, you might have grounds for a civil case against them. You will want to discuss your case with an accident and injury attorney to learn more about your rights.

If you were hurt on a cruise, whether during an excursion or while participating in an activity on the boat, a cruise ship accident attorney can help. These claims work differently because of the ticket contract passengers sign that limits when and where claimants can file a lawsuit. 

Can a Property Owner or Company Be Sued for My Injuries if I Signed a Waiver?

Property owners, cruise lines, boat rental facilities, and recreational organizations owe a duty of care to their customers and others participating in their recreational activities. Even when they ask participants to sign a waiver of liability, the activity organizer has a duty to protect participants from unreasonable hazards. 

If they fail to protect the participants—breach their duty of care—and an accident and injuries occur, this is negligence. 

This is true even when the activities often have inherent risks. The liability waiver only protects the organizer of an event or attraction when the injuries occur because of the nature of the activity. If negligence causes the injuries, the courts are much less likely to uphold the waiver.

Consider This Example

Let’s look at an example: Claims related to Royal Caribbean’s FlowRider surfing simulator have made the news recently. This simulator is an extreme attraction available to passengers cruising on the line’s top vessels. Passengers are required to sign a liability waiver to use this attraction. Reported injuries include sprains, fractures, neck injuries, and traumatic brain injuries. 

While some of these injuries might be a natural occurrence because of the nature of sheet surfing, claimants allege negligence because:

• Defective design of the attraction
• Failure to consider previous injuries 
• Poor employee training for safety
• Poor staff supervision of the attraction
• Failure to consider the effects of ocean waves and changing weather

What Damages Are Available in a Florida Personal Injury Case?

The damages you might recover in a Florida negligence case will depend significantly on the circumstances, what happened, and the details of the waiver or other agreements. You should keep all medical bills, estimates, receipts, income documents, and other paperwork related to your accident and injuries. This will make it easier to catalog and value your case. 

Examples of recoverable damages in injury claims may include: 

• Medical care and related expenses
• Future medical care and support related to your injuries
• Lost income, reduced ability to earn, and other related losses
• Out-of-pocket expenses
• Pain and suffering and other intangible damages

If you work with an attorney, they will be able to estimate your future care costs and value your intangible damages. This is not always clear-cut and could require expert testimony and other resources unavailable to most individuals managing their own claims. However, these are significant sources of a large portion of the payout in the cases and should not be overlooked.

Navigating a Lawsuit After Signing a Liability Waiver with An Attorney’s Help

Filing a lawsuit after signing a valid liability waiver almost always leads to a complex, challenging case. The company or organization will probably fight the claim and deny your payout. You will need strong evidence to show your injuries occurred because of negligence. 

Working with a personal injury attorney will provide you with knowledge and resources you will not have if you attempt to navigate this process on your own. This will provide numerous benefits and possibly increase your chances of recovering compensation in your case. 

Benefits of working with a lawyer include: 

• They have the knowledge and experience to gather key evidence and develop an effective legal strategy.
• They have the time and financial resources to handle complex personal injury claims.
• They can ensure you meet all applicable deadlines, including those set by contracts or waivers and the two-year statute of limitations set by Fla. Stat. § 95.11.

Let’s Discuss Your Legal Rights Under Florida Law and Liability Waivers

At Chalik & Chalik Injury Lawyers, every client works directly with one of our partners. We have the experience, skill, and reputation to fight for your rights and advocate for justice based on the facts of your case. We will review the liability waiver and the circumstances of your injuries to provide legal advice on your options. 

Contact us today for a free, no-obligation consultation with our team.