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Liability waivers and entertainment businesses

On Behalf of | Mar 22, 2019 | Premises Liability |

Many people in West Virginia have been injured while on the property of an entertainment-related business. This could include everything from gyms and trampoline clubs to water parks or bounce houses. As a result, many of these businesses require patrons to sign waivers before they get going on any activities. These waivers purport to protect a company from any liability caused by an injury that occurs on their property.

At first glance, these waivers may seem reasonable; after all, people could hurt themselves easily while exercising. However, in some cases, injuries may be caused not by the nature of the activity but by the business’ own conduct. People may sustain serious injuries, leading to skyrocketing medical bills and lost wages. They may wonder if the waiver they signed really protects the business from paying out on a premises liability claim.

In general, courts look skeptically on waivers and releases. The language of the waiver itself will be understood by the court to strictly bind the party that is seeking to enforce the release. However, this does not mean that liability waivers are useless or unimportant. They have been upheld in a number of court cases. Of course, the nature of the activity involved as well as the injury may play a role in the outcome. For example, in many states, operators of highly regulated activities may be barred from using liability waivers. For example, some states bar ski operators or motorcycle instructors from using these waivers in court.

Someone who has been injured due to a dangerous game, activity or other business operation can consult with a personal injury lawyer. An attorney can review the case and work with the client to pursue compensation for their lost wages, medical bills and other damages.