Do Liability Waivers Hold Up in Florida Court?

In many situations, you may be asked to sign a liability waiver. This could be a gym, play complex for children, kid’s sporting activities, or almost any other recreational activity, whether it be renting kayaks or going to a theme park. These waivers attempt to protect the party who asked you to sign, which is generally the business providing the activity, from any legal action being taken against them in the event an injury occurs. Florida law allows for liability waivers and courts will enforce them under certain circumstances. If you signed a liability waiver but were injured, however, you may still be able to take legal action against the defendant if you are able to prove that the waiver was invalid.

Hersh Kirtman Injury Law is a personal injury law firm helping clients who have suffered harm in a personal injury accident. When you work with our Boca Raton personal injury lawyer, we can help you understand whether the liability waiver you signed will prevent you from filing a claim against the negligent party that caused your accident and injuries. To determine whether you have a right to make a claim, despite signing a liability waiver, contact our Florida law office as soon as possible.

Criteria Florida Liability Waivers Must Meet to Hold Up in Court

If you have been injured due to another party’s negligence, but signed a liability waiver that you think may preclude you from bringing a claim, there is an important analysis that must be done. You may wonder whether you can still exercise your right to take legal action and pursue justice. 

In Florida, a liability waiver may hold up in court if it meets the following criteria:

• Clear: The language of the liability waiver must be clear so that the signer understands the rights they are giving up by signing the waiver.
• Unambiguous: The liability waiver must unambiguously state the terms.
• Unequivocal: The liability waiver may not allow for circumventing the terms of the document.  If it is valid, the waiver must apply to the governed situations.
• Specific: The language of the liability waiver must specifically limit liability and reflect the agreed-upon terms for the situation that caused the injury.

Even if you signed a liability waiver, your lawyer can investigate your case to understand whether the waiver upholds the above criteria. If the waiver is found to be unclear, ambiguous, equivocal, or nonspecific, then the waiver may be rendered invalid. If this is discovered to be true, your lawyer can then help you pursue your claim for compensation. 

In recent years, there have been important changes in the law in Florida addressing liability waivers. For example, for many years, a liability waiver could not lawfully release a party from liability for that party’s own negligence unless the document specifically used the word negligence, among other things. That law, however, has changed. Today, Florida law allows liability waivers to release a party from liability for its own negligence, as the document’s language, despite not using the word negligence, clearly and unambiguously explains that the party’s negligence is being released. Whether a liability waiver bars a claim in any given instance requires a careful review of the document and the facts of the incident. 

Florida law does not permit a liability waiver that attempts to release a party from an intentional tort or intentional misconduct.  

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

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Proving Liability in a Florida Personal Injury Claim

If you were injured in an accident after signing a liability waiver, you may still have the right to file a claim if the waiver is proven invalid. If the document is invalid and will not be enforced, the next step to pursue your claim would be to prove the liability of the negligent party.

To prove liability in a personal injury claim, your lawyer will need to provide evidence of the four elements of negligence:

• The liable party owed you a duty of care
• The duty of care was breached
• The breach of duty led to your accident and injuries
• You suffered a loss as a result

To begin the process of pursuing your personal injury claim, contact a trusted lawyer today.

For Help With Your Personal Injury Case, Contact Us Today

Signing a liability waiver does not automatically mean the document will hold up in court after an accident occurs. If you have suffered harm due to someone else’s negligence, contact one of our trusted lawyers for help with your claim and to understand whether your liability waiver is valid. 

At Hersh Kirtman Injury Law, we provide our clients with the trusted guidance they need as they pursue their personal injury claims after an injury. To schedule a free case evaluation with one of our trusted lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.