Personal Injury and Auto Accident Attorneys Serving Florida
  • RSS Feed
  • Facebook
  • Google +
  • Linked In
  • Twitter
Sarasota, Florida 941-954-4000
Bradenton, Florida 941-752-7200
Default Banner

Experienced Personal Injury Lawyer

The lawyers of Shapiro, Goldman, Babboni & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. M. David Shapiro, David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over…

Learn More ›

Personal Injury Blog Post

Does Signing a Liability Waiver Prevent You From Suing?

People typically think that if they sign a liability waiver, they cannot seek justice for another party's negligence. However, this is not always the case.

Liability waivers address understood risks based on the nature of the activity. However, in a recent case a Florida appellate court made it clear that negligent parties who owe a duty of care do not get a go home free card.

In Gillette v. All Pro Sports (ruling filed January 24, 2014), Gillette signed a go kart use waiver and release that basically stated she knew about the dangers involved, she had the degree of skill necessary to drive safely and would do so responsibly. She was responsible for any injuries she experienced. Gillette's lawyer alleged that a company employee negligently increased her go kart's speed during a race, which caused her to lose control and crash into the railing. The company's attorney filed for summary judgment that the waiver and release form precluded the plaintiff's ability to sue for negligence.

The court based its ruling on the following legal premises in case law:

  • Courts hold negligent parties accountable when they seek to be relieved of liability through clauses that deny injured parties the right to recover damages (from the case UCF Athletics Assn'n v. Plancher that cites Cain v. Banka and Sunny Isles Marina Inc. v. Adulami.)
  • For waiver clauses to be effective they must be so clear and understandable that an ordinary and knowledgeable person will know what he or she is contracting away (from Raveson v. Walt Disney World Co. that cited Lantz v. Iron Horse Saloon, Inc.)

The waiver was not clear as to whose negligence was being waived and the court denied the summary judgment request, allowing Gillette's lawsuit to proceed.

If you suffer serious injury through someone's intentional act or negligence, always consult with a Florida personal injury lawyer to understand your rights.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

In order to help you more quickly, please fill out the quick form and submit.

  • This field is for validation purposes and should be left unchanged.
Contact Form
Shapiro, Goldman, Babboni & Walsh
308 Cocoanut Avenue
Sarasota, Florida, 34236 USA
941-954-4000