COMMOM ACTIVITY WAIVERS
- Bounce Houses
- Trampoline Parks
- Go Carts
Ever notice that you don’t sign a “waiver” at Disneyland but you do at the local fun house. You’re signing your kids up for a bounce house birthday party and you are trying to read a contract while kids are running wildly with excitement. Looking at the language it generally says you can’t sue the venue for any reason, regardless of what happens to you or your child. Even if your child is hurt and the venue and its employees were clearly at fault. You don’t want to sign but you also don’t want to tell your kids, then have to sit and watch everyone else bounce and bounce? You ask yourself –Is this really legal? This type of Liability waiver is becoming a prerequisites to participation for more and more activities at various venues. Sometimes
agreements like these are labeled a variety of ways like release, hold harmless agreement, waiver of rights, indemnification agreement, or covenant not to sue.
However they are labeled, they are all trying to get you to sign away your right to sue the
organizer of the event or the venue. Most of these waivers state “you agree not to sue” for any injuries sustained.
Three important rules for Liability Waivers to be enforceable in Nevada are:
- The Waiver must be clear in its language and wording and unambiguous in its intent. It must be understandable by the average person;
- The Waiver must be clear and prominently labeled as a waiver and must not contain fine print and must be specific as to the right being waived;
- The Waiver must be signed by the person who it is being used against;
- The Waiver is not enforceable against the rights of a minor child;
However, a business or venue cannot dodge liability for the acts of its employees that are grossly negligent. Gross negligence is a legal standard that describes reckless and/or careless behavior of the business entity. For example, a go cart operation might commit gross negligence by failing to properly maintain their vehicles causing one to catch on fire and injure a patron. A waiver also cannot shield a business owner from liability for “willful misconduct.” If an employee or representative of a business intentionally injures someone, the waiver alone won’t protect the business from liability for such injuries.
Because liability waivers can be valid in certain circumstances, customers and consumers should read them carefully. Business owners must also draft clear and specific waivers as to the risks they are requiring customers to waive. In order to prevail in a claim where a liability waiver was signed, you should contact an attorney immediately. You will need to establish that the organizer of the event or the owner of the venue committed “gross negligence” that caused your injury. At the Law Offices of Laura Hunt, PC we can review the facts to determine if there was recklessness or an act that was intentionally committed by the owner or organizer. Often, this may require an expert witness or an accident reconstructionist be retained right away. A review of the establishment’s safety and maintenance records can often yield this information as well.
If you or a loved one is injured at any place of business after signing a waiver of liability of any kind, a trampoline park, a bounce house, go carts or any amusement activity or at any time, call our office immediately. We can make sure that you receive the care you need and deserve, and advise on how to preserve evidence. If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today. At my office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.
At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices. The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.