If you sustained an injury after signing a waiver, you may assume that you are unable to take any legal action. However, that may not necessarily be the case. Liability waivers are everywhere, including places like gyms, ski resorts, activity centres, and adventure parks. These forms are meant to limit your ability to sue the operating facility if something goes wrong and causes you harm. What many people don’t realize is that signing a release of liability waiver doesn’t automatically mean you’ve given up all of your legal rights.
In British Columbia, liability waiver enforcement depends on how the waiver was written and presented, along with what events transpired. Injury victims considering a dangerous premises personal injury claim must understand how waivers work and when they might not hold up in court.
What Is a Liability Waiver?
A liability waiver is a legal agreement that essentially prohibits one party from pursuing legal action against another if injury or loss occurs during a particular activity. These documents are designed to protect businesses and service providers from legal action. Waivers are commonly provided as a standalone document. They may also be tucked into broader agreements such as registration forms or membership contracts. Sometimes, waivers may even be displayed on signage or printed tickets.
Other common names for these documents include:
- Liability releases
- Waiver forms
- Exclusion of liability forms
- Release of claims
No matter the format or terminology, waivers serve the same purpose: to limit legal liability for businesses.
Are Liability Waivers Legally Binding In BC?
Companies often use waivers as part of their risk management strategy, but that doesn’t mean these documents provide complete legal protection for the company. Whether a waiver affects your ability to pursue a personal injury claim depends on several factors. BC courts will only enforce a waiver if the document meets legal criteria. Whether the waiver will hold up in court depends on:
- Presentation: If you are provided a waiver, you should be given enough time to read through it and understand it before signing. The waiver should also be identifiable as a waiver. If you were rushed or didn’t know you were agreeing to a waiver, that could affect its enforceability.
- Clarity: Waiver terms must be written in clear, understandable language. If the document is too vague or saturated in complicated legal jargon, a court may not consider the document valid.
- Covered risks: Waivers must outline the specific activities and risks they apply to. If an injury resulted from something not reasonably covered by the waiver terms, the waiver may not apply to the situation.
- Protections: A waiver must properly name or clearly identify the person or organization it’s meant to protect. If this isn’t done correctly, the party may not be shielded from liability.
- Application: Waivers do not protect businesses from claims involving gross negligence, intentional harm, or serious misconduct. If an injury occurred as a result of one of these areas, a personal injury case is likely still available.
There are also broader legal principles that can render a waiver unenforceable:
- Unconscionability: If there was a serious imbalance of power or a lack of meaningful choice when the waiver was signed, the court may determine the waiver is unfair and refuse to enforce it.
- Public policy concerns: In rare cases, a waiver may be rejected because it goes against the public interest. This could include situations involving extreme carelessness, blatant fraud, or criminal behaviour.
It’s also worth noting that waivers are generally only enforceable against adults. In British Columbia, a parent or guardian typically cannot waive a child’s legal rights on their behalf.
When to Contact a Lawyer
If you sustained an injury after signing a waiver, it’s still worth speaking to a personal injury lawyer. Waivers can certainly affect your case, but they may not outright end it. The lawyers at Stephens & Holman can help assess whether the waiver in question is likely to be enforceable and whether your circumstances justify pursuing a claim.