Liability Waivers and Accidents

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Owners of recreational facilities, such as skating parks and ski resorts, usually need their participants to sign liability waivers for their events. Liability waivers aim to protect organizers and owners from lawsuits and liability if someone hurts themselves while participating in activities. Liability waivers ask the potential participants to acknowledge the real risks involved in the activity in which they wish to participate and, if they do so, to forfeit their right to a lawsuit by signing their name.

A liability waiver may be unenforceable if:

– The person signing the liability waiver does so without understanding its aim or objective;
– The recreational facility owner or activity/event organizer neglected to convey, through the liability waiver, the hazards, risks and dangers associated with their event or activity; or
– The recreational facility owner or activity/event organizer was aware that the participant did not wish to be bound to the liability waiver.
In these situations, the recreational facility owner/event organizer has a responsibility to apprise the participant of the exact conditions of the waiver. Moreover, depending on the circumstances of the accident and the phrasing of the liability waiver, the liability waiver can be deemed unenforceable if:

– There was a hazard that the recreational facility owner/event organizer allowed or created that caused the participant to become injured; and
– The recreational facility owner / even organizer could not anticipate such an injury within the regular hazards of the event/activity.

If anyone requires that you sign a release or a liability waiver, even if you plan to participate in events/activities that do not seem dangerous, make sure that you read and familiarize yourself with the waiver’s contents. If you do injure yourself because of potential negligence or due to a hazardous situation, contact an Ottawa Personal Injury Lawyer —regardless of whether you signed a liability waiver. A legal expert will discuss your case particulars with you and inform you whether you can file a lawsuit on the grounds of negligence.