Denver General Liability Waivers
Several recreational activities throughout the state of Colorado require participants to sign a waiver of liability in order to participate. These agreements are essentially intended to relieve event organizers from any responsibility if a participant sustains any serious or fatal injuries.
While people assume that these waivers prevent them from taking any legal action in the event that they are injured in one of these activities, this belief is not necessarily the case. The language in waivers of liability needs to meet strict requirements in order to be effective.
Denver General Liability Waivers Lawyer
If you sustained catastrophic injuries or your loved one was killed in a recreational activity, do not think that having signed a waiver of liability means you have forfeited your legal rights. You should contact a knowledgeable personal injury attorney for a thorough review of your agreement and an exploration of what legal remedies are available to you.
Issues in Colorado Liability Waiver Cases
- What else are liability waivers called?
- Could I have signed a general liability waiver?
- When can a general liability waiver be invalid?
Other Names for General Liability Waivers in Colorado
While the general purpose is almost always the same, waiver of liability forms can go by a variety of other names. These include, but are not limited to:
- Assumption of Risk;
- Contract of Adhesion;
- Exculpatory Agreement;
- Hold Harmless Agreement;
- Indemnity Agreement;
- Liability Release Form;
- Pre-Injury Release;
- Release Form;
- Release of Liability;
- Waiver of Rights; and
- Waiver of Liability.
Common Denver Activities Involving General Liability Waivers
Here are common Denver activities that may include a general liability waiver:
- Animal rides, such as horseback riding;
- All-terrain vehicle (ATV) or other recreational vehicle (RV) rental;
- Boat rides or rental;
- Bungee jumping;
- Equipment rental;
- Extreme sports activities;
- Guided tours;
- Jet ski rental or rides;
- Organized sports;
- Rock climbing accidents;
- Ski resorts or skiing activities;
- Sporting events; and
- Water Skiing.
Circumstances That May Invalidate General Liability Waivers in Colorado
There are numerous defenses that may be employed in invalidating general liability waivers, and these may include, but are not limited to:
- Bargaining Power — A waiver of liability is difficult to enforce if it involves one party essentially depriving the other of its bargaining power. While these “take-it-or-leave-it” scenarios may be more understandable with recreational activities in which people are free not to participate, bargaining power is a major issue for waivers in which the relationship is an individual and a larger organization, such as employee and employer.
- Cause of the Accident — Even the most well-written waivers can be unable to prevent victims from taking legal action in cases that involve injuries caused by recklessness, gross negligence, strict liability, or intentional actions.
- Fraudulent Claims — Waivers may be overridden if participants can demonstrate they were misled by the representations of the activity in marketing literature such as websites or brochures.
- Inherent Risks — Some waivers of liability may be dismissed simply for failing to include risks that are fundamental to the particular activity.
- Language Content — A waiver of liability must be written in such a way that the language is clear and unambiguous, and the manner in which the term “negligence” is used (if at all) is very important.
- Language Location — The most critical language in a liability waiver cannot be presented in a smaller font or hidden in the middle of a lengthy form.
- Product Liability Issues — Even if a waiver is deemed to be valid, that will not prevent a person from filing a lawsuit against a negligent manufacturer, designer, or distributor of a defective or dangerous product if equipment failure was the cause of the injuries.
Find a General Liability Waivers Lawyer in Denver
Denver personal injury attorney Jennifer Donaldson is dedicated to helping injury victims in Denver County as well as Arapahoe County, Jefferson County, Boulder County, and Adams County. She will discuss your case and develop a legal strategy to hold a negligent party accountable when you call (303) 458-5000 or submit an online form to set up a free consultation.