However, just because a plaintiff has signed a waiver doesn’t necessarily mean there is no case. Although the Florida Supreme Court just this past year strengthened liability waiver defense by holding such contracts don’t need to contain the word “negligence” or “negligent acts” to be effective, the court also ruled in general, public policy should disfavor such contracts.
That said, proving that a waiver of liability was against public policy or ambiguous is a difficult hurdle to overcome. In some instances, it may be necessary to assert defendant acted with gross negligence or intentional, willful, wanton disregard for the safety of others. These kinds of acts are not protected in liability waivers.