When you take part in activities like snowmobiling, skiing, or ATV riding, you’re often asked to sign a waiver or disclaimer stating that you won’t sue if you get hurt. Many people assume this means they’ve given up all rights to compensation, but that’s not always true.
At Sadaka Law, we’ve seen too many clients walk away from valid claims because they believed a waiver barred them from taking legal action. Here’s what you should know.
Waivers Don’t Cover Reckless or Grossly Negligent Conduct
While a waiver can protect a company or organization from certain types of ordinary negligence, it doesn’t protect them if their actions are reckless. For example, if an instructor ignored safety rules or a company failed to maintain equipment properly, that might go beyond ordinary negligence — and you may still have a case.
Product Malfunction? The Manufacturer Could Be Liable
If your injury was caused by a defective product such as a snowmobile or ATV that malfunctioned that’s a completely separate issue. Manufacturers have a legal duty to design and produce safe products. A waiver signed before the activity doesn’t shield them from responsibility if their product fails and causes injury.
Always Talk to an Attorney Before Assuming You Have No Claim
Even if you signed a waiver, you might still have options for pursuing compensation. These cases can be complex, and determining whether a waiver applies often requires a careful legal review.
If you’ve been injured during a recreational activity, don’t assume the waiver means you’re out of luck. Contact Sadaka Law, we’ll review your situation, explain your rights, and help you understand whether you have a valid claim.
