Waiver of Liability and Release from Liability

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Waiver of Liability

Someone might ask you to sign a waiver of liability before or after an accident has occurred. Be sure to speak with an experienced attorney at TonaLaw before executing the agreement.

A release from liability, also known as a waiver from liability, is a legal contract between two people in which one or both parties agree not to seek or make claims for damages from the other party in the event of a potential injury. These types of agreements are most frequently used before a potentially dangerous activity is undertaken such as different types of sports.

If you are asked to sign a waiver of liability, you must keep in mind that the entire point of the contract is to protect the other party if you become injured. These releases are usually composed entirely of boilerplate language, meaning that the party proposing the agreement will not be willing to make any changes. The party proposing the waiver will usually decline to agree to any changes to the language because they are generally larger organizations with more bargaining power.

Releases from liability are generally written in an extremely broad language in an attempt to limit any exposure to the other party for a potential accident even if they are partially or entirely responsible for the occurrence. If you agree to enter into a waiver of liability and are later injured, recovery of damages can be difficult. Courts are usually very hesitant to disturb or void an executed waiver. However, in the event that you have entered into a waiver of liability and are later injured, do not hesitate to reach out to TonaLaw for an evaluation. It is possible that the injury is not covered by the waiver which would allow full recovery for the injury.

Typically, courts disfavor releases from liability that contain overbroad and vague language. Although it’s impossible to predict how a court will rule. Therefore, it’s important to take every precaution to avoid being precluded from bringing a claim.

Waiver of Liability

Release from Liability

A similar form of agreement to a waiver of liability is a release of liability. The distinction between them is that a release usually takes place after an injury has already occurred.

A release might be offered to you after you become injured on someone else’s property or due to the negligent actions of another individual. In most situations, a release would be offered and negotiated as part of a settlement after the injured party has retained a lawyer. However, the opposing party or their insurance carrier will sometimes offer the injured party an amount of money to incentivize them to sign the release soon after the accident takes place. In this scenario, the money offered is almost never a fair value of the injury in question. It is very likely that the injured individual is being taken advantage of by the other party.

Even if the amount of money offered seems reasonable, do not accept it immediately. If the injury is relatively recent, there is a chance that the injury could become exacerbated over time and cause long-term issues. Moreover, the value of your injury could be much greater than you expect.

If you accept and sign a release before contacting an attorney, you will likely not be able to seek additional compensation for your damages in the event that you discover that the amount you were provided is insufficient to cover your current or future injuries. This underscores the importance of seeking professional assistance before making the decision to execute a release of liability.

After you sustain an injury, do not hesitate to reach out to the accomplished attorneys at TonaLaw for their opinion on your case. Schedule a free, confidential case evaluation by calling 833-866-2529 (833-TONALAW).

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