What You Didn’t Know about Liability Waivers in Virginia
Remember when you signed up to go rock climbing, participate in a race, join your local gym, or some other recreational activity, and they asked you to sign a liability waiver? Well, in Virginia, these waivers are generally unenforceable and can’t prevent someone from suing the gym or actvity organizer for injuries, but there is nuance to this area of the law. In this article, I’ll explain specifically which parts of these waivers are unenforceable but also how they can still be relevant to your case.
What do you mean these waivers are unenforceable?
Let’s talk about a liability waiver for an ordinary gym and assume the waiver says a bunch of things, and one of the paragraphs in it specifically says that the person signing it cannot sue the gym in the future for injuries caused by the gym’s negligence. The Virginia Supreme Court has said that this specific language is against public policy, and if it’s in a form you’ve signed, that specific clause or paragraph is void. In other words, you’d still retain the right to sue the gym despite what this form says, so the gym can’t use it to block your claim.
However, this doesn’t mean that the entire form is void or irrelevant. To the contrary, the rest of it can still be valid and used as evidence for certain things, like whether you assumed some risks about the dangers of the activities or voluntarily participated in them.
The key takeaway is that the gym can’t avoid responsbility for its negligence simply based on the fact that you signed a waiver before the injury happened.
Why does Virginia disfavor these waivers?
There are a few reasons why the Virginia’s public policy renders these waivers void. First, if the business or organization could completely remove the threat of a personal injury claim, then it would have fewer incentives to ensure adequate safety precautions are in place. Second, people who sign the waivers are often giving up their rights before they fully understand the risks of the activities or the safety of the procedures or equipment they’ll be using.
By rendering these waivers void, the Virginia Supreme Court has tried to help ensure greater safety among recreational activities, sports, and other ventures where injuries may occur as a result of negligence by the business or organization.
Where do these liability waivers usually appear?
If you’ve ever registered for some type of outdoor or physical activity on vacation or around town, then you’ve likely signed one of these waivers before. As I’ve discussed in this article, gyms usually ask new members to sign a waiver before they can participate. Injuries as a result of defective or poorly maintained equipment are somewhat common, which is why they want to try and shield themselves as much as possible. Other activities where waivers would appear include:
Races, such as marathons and triathlons
Trampoline parks
Rock climbing
Skydiving
Ziplines
Recreational sports leagues
Renting a mountain bike
There are plenty of other activities that you’ve probably been a part of that asked you to sign a waiver, so they’re very common despite how Virginia law treats them.
Bottom line: Don’t automatically assume you don’t have a case.
Virginia injury victims often assume that because they signed a waiver, then they have no case, so it doesn’t even occur to them to consider contacting a Virginia personal injury attorney. Insurance companies and businesses may point to the document as proof that no claim exists and take advantage of someone who doesn’t know about Virginia’s policy, which can discourage injury victims from pursuing their claim any further.
If a property owner, event organizer, business, or other party acted negligently and caused your injuries, you may still have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. However, although liability waivers are generally unenforceable, there can be exceptions and limitations, so it’s best to consult with a Virginia personal injury attorney if you have questions about a waiver you’ve signed.
