Liability waivers are becoming more and more common as businesses try to limit their liability for their own negligence, most commonly for dangerous recreational activities. Sometimes they are enforceable, sometimes they are not. The key issues are whether the type of accident that caused the injury was contemplated at the time the waiver was signed, whether it was clear that legal rights were being waived, and whether the waiver covers the type of risk without being overly broad. That is a lot to look at, and if you have a case where a liability waiver will be an issue, it is worth having the waiver reviewed by an experienced Chicago personal injury lawyer to get an opinion as to whether it will be enforceable or not. Liability waivers are never enforceable against children. Our experience has taught us that the odds of a pre-suit settlement where a liability waiver has been signed is slim to none, as insurance companies would prefer to have a judge rule on the issue of whether the waiver is enforceable before considering offering any money to an injured person in a settlement.
The Law Offices of Barry G. Doyle, P.C.
Chicago Illinois Accident Lawyers
