What if I signed a waiver?
Can I still make a claim? Even if you signed a waiver of liability at a gym or sporting event, you still have the right to be kept safe, and to claim compensation if you were injured through someone else's negligence.
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What are waivers for?
A lot of people believe that signing a waiver immediately means you are not allowed to sue a venue or establishment if you're injured. However, this is simply not the case. A waiver is intended to inform the participants of an activity of the potential risk of harm.
However, this doesn't mean they can be negligent or relinquish the duty of care that many of these establishments will have.
I signed a waiver. Can I still claim for an injury?
Waivers are very popular with organisations such as gyms and companies who organise events, such as fun runs and charity abseiling. After all, they don't want to be sued by everyone who accidentally hurts themselves while they're on the premises or at the event.
So waivers are perfectly legal and it's entirely reasonable for you to be asked to sign one. However, a waiver doesn't absolve event organisers or gym owners from having a proper duty of care towards people who have signed a waiver. So if you've been injured due to any of these things, you may still be able to claim for your injuries:
- Faulty or dangerous equipment
- Inadequate training
- Poorly organised events
- Trips on uneven surfaces
- (as a participant or spectator)
Naturally, if you were taking part in a fun run, for example, and you stumbled and fell, that would be simply bad luck. However, if you were hurt tripping over a hidden, man-made obstacle in the starting area, that might well be considered negligence by the organisers.
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