During the summer in Florida, water parks are a popular and fun destination for anyone looking to enjoy a warm sunny day. When families plan a fun-filled day at a water park, they’re expecting to experience some relief from the heat while creating cherished memories. They’re not expecting to sustain injuries that may lead to a lawsuit. Unfortunately, water parks do present a number of opportunities for injuries to occur if the park isn’t properly maintained or employees aren’t properly trained.
Even if every precaution is taken, accidents can still occur. But, even if you signed a liability waiver, that doesn’t necessarily mean that you will lose your right to file a lawsuit against a water park for injuries you’ve sustained. A reputable water park accident lawyer from Baker Legal Team can review your case and provide you with legal advice on what your next move should be to receive a favorable outcome.
Florida Liability Waivers
A liability waiver is a legal document that you sign when you participate in an activity or event to acknowledge the risks of participating in it. By signing this waiver, you’re voluntarily releasing your right to sue the company or organization if you’re injured.
It’s common for individuals to sign a liability waiver before they participate in any number of activities or events. Liability waivers are often required by companies that conduct activities or events like skydiving, horseback riding, or ziplining. Amusement parks and water parks do as well.
What’s important is to understand that if you sign a liability waiver on behalf of your child or for yourself, you’re agreeing that in the event of an injury either to your child or yourself, you won’t sue the water park for any damages.
There Are Limits to Liability Waivers
While you might be prevented from filing a lawsuit for a water park’s ordinary negligence, the law doesn’t allow any water park to escape from liability if injuries were sustained due to gross negligence, defective manufacture or design of rides, or intentional acts.
The area of liability waivers is much more complicated than you may think. If you’ve sustained an injury in a water park accident, you might be able to sue despite signing a waiver. You’ll want to consult with a knowledgeable water park accident personal injury lawyer to find out if you have a viable lawsuit.
Can a Florida Water Park Lawyer Defend Your Right to Sue If You’ve Signed a Liability Waiver?
While you may think that you’ve relinquished your rights to sue for injuries if you’ve signed a liability waiver, a skilled personal injury lawyer may be able to move forward with your claim. Florida law states that valid liability waivers must meet the following criteria:
- Unambiguous: The waiver needs to state in no uncertain terms the exact rights that are being waived that will prevent the signee from suing the company.
- Clear: The waiver must use clear language to help the signer understand the rights they’re waiving and address all possible risks for potential injuries.
- Specific: The waiver must clearly state what injury claims the signee is waiving.
- Unequivocal: The waiver must use language that is clearly defined in a manner that doesn’t allow loopholes in regard to the waiver of rights.
The court may consider a liability waiver invalid based on the following:
1. Location of Critical Details
Does the liability waiver include specific details that were hidden or hard to read? An example would be a critical statement being buried in an unrelated section of the liability waiver or the font being too small to read.
2. Language of the Waiver
Does the liability waiver include wording that is even slightly unclear or ambiguous around the rights the signee is waiving or how the company wouldn’t be liable for specific injuries?
Was the injury due to willful or gross negligence? If an injury was sustained due to wanton, reckless, egregious, or gross negligence, the liability waiver may be found invalid.
A skilled water park accident attorney can help you prove that the water park is at-fault and establish that you’re entitled to full and fair compensation. They’ll help in the accident investigation and develop a strategy for the claim so that your rights are protected every step of the way.
Reach Out to an Experienced Florida Water Park Accident Attorney at Baker Legal Team Today
A water park should be a place to have fun and enjoy time with family and friends. However, they can quickly lead to injury when there’s negligence involved. The experienced and board-certified water park attorneys here at the Baker Legal Team believe in holding negligent parties liable for their actions that resulted in severe injuries that quickly altered the victim’s life.
If you or someone you love has been injured in a water park accident, we’ll fight for your right to compensation to help ease the financial burden that often follows. Call us today at (561) 320-0000 or fill out our online form to schedule your free initial consultation.