Understanding Personal Injury Law With Illinois Personal Injury Lawyers: What is a Waiver of Liability?
Your child has been invited to a birthday party at a facility that features inflated surfaces for the purpose of jumping and play. Before your child is allowed to participate, you have to sign a Waiver of Liability provided by the owner of the company. Filling an entire page are legalistic terms that make no sense to you, and your child is tugging on your shirt, begging to enter. So you sign on the dotted line.
One hour later your child is lying in pain on the floor, with a broken foot. What are your rights in this situation? You may assume that your rights were signed away on that piece of paper. But this is not always the case. What does a waiver of liability mean in a case like this one?
The answer is not a simple one, and the statutes relating to these waivers vary from state to state. It is imperative that you contact an attorney in your state, or a Chicago personal injury attorney if you live in that region of Illinois. Personal Injury lawyers will be able to advise you on the possible merits of filing a suit in these types of cases.
Of course, the owner, in this case, of the party facility has attempted to protect themselves and limit liability by making you sign a waiver of liability. This practice is becoming more and more common, especially in the realm of recreation. Activities that involve some inherent risk such as bungee jumping, amusements parks, ski slopes and the like, simply do not want to be held liable for potential physical injuries.
But just because you have signed a waiver of liability does not mean that the property owner does not have some liability in some circumstances. For example, if the company did not properly maintain the property or equipment, they may be held responsible for injury. At the facility in our example, this may include improper set up of equipment in the facility. Again, the statutes that govern these situations vary from state to state. Contact Illinois personal injury lawyers for an explanation of the language of the statutes that pertain to accidents that took place in and around Chicago. Personal injury attorneys will be able to judge whether or not your claim will hold up in a court of law, and will counsel you as to whether or not the property owner was or was not at fault.
The intention of the courts when a waiver of liability is involved in the case is to not allow a negligent property owner an easy way out when compensation is rightfully due. Owners need to take precautions to insure that their property is maintained and safe for use. But if an owner has properly maintained his or her equipment and/or facilities, a waiver of liability may indeed protect them from any liability in case of injury. If you have signed a waiver of liability and you or a loved one has been subsequently injured, you may deserve compensation.
Contact a Chicago personal injury attorney for a consultation as soon as possible. If you live in Illinois, personal injury lawyers are experienced and ready to answer your questions.
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