Many people believe the myth that if you sign a waiver, you’re not allowed to sue. However, that is simply not true. Waivers are intended to inform the participant of possible harm. Upon signing, the participant is surrendering a known right or acknowledging that harm may occur. However, a waiver is not intended to be a loophole if negligence transpires.
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The first step is to determine if the waiver is enforceable. In many cases, the waiver is not enforceable. In order to win a case that deals with an enforceable waiver, you must be able to prove negligence, in the case of a minor, and gross negligence for adults. Negligence is the failure to use reasonable care which results in an injury. If you’ve been injured due to negligent actions, you can sue – even if you signed a waiver.
Winning a lawsuit concerning negligence is not uncommon. Many celebrities have sued for negligence even though they signed documents stating they understood the risks. Famous negligence cases include:
- Julie Andrews sued after her procedure to remove cancerous throat nodules went awry. Andrews and the doctor settled the claim.
- Michael Jackson’s doctor, Conrad Murray, was sued after admitting that he prescribed painkillers that ultimately caused Jackson’s death. Murray was charged with involuntary manslaughter and served a prison sentence.
- Dennis Quaid and his wife sued the hospital whose staff gave their newborn twins an excessive amount of medicine which almost killed them. They received $750,000 in compensation.
Negligence is one of the most common types of personal injury lawsuits, and courts take it very seriously.
How We Can Help
The attorneys at Adams Law Firm specialize in personal injury cases. Our practice areas range in wide variety, including helping victims of car accidents, medical malpractice, traumatic brain injury, wrongful death, and more. If you signed a waiver and endured an injury, we want to help you. Contact us today if you need legal representation.