It’s not unusual for those vacationing in Florida to seek adventure in trying something new, be it parasailing or scuba diving or even chancing the latest roller coaster ride. Most places that offer these activities require patrons to sign a liability waiver, also referred to in legal circles as an assumption of risk.
An assumption of risk holds that a participating party knowingly and voluntarily accepted the risk of a particular activity. Sometimes risk can be implied, but when a person signs a waiver, it’s considered to be expressly communicated. Successfully establishing assumption of risk will may allow a defendant to evade liability if a person is injured.
However, our West Palm Beach personal injury attorneys also know that just because a person signs a waiver doesn’t necessarily mean they don’t have a case. There are many, many cases in which liability waivers are poorly-written, ambiguous and broad. In other cases, the contract may prompt people to sign away the right to sue in the event of intentional negligence. There have als0 been certain instances where it seems not enough was done to bring to patrons’ attention the gravity of what they were signing. In these situations, a judge may find the agreement is “unconscionable,” and refuse to enforce it.