Do Waivers or Disclaimers Protect You From Premises Liability Lawsuits?

Premises liability law makes a property owner or resident legally responsible for any injury befalling guests while on the property. The amount of liability changes depending on whether the injured party was invited onto the property, why he or she was invited onto the property or whether the injured party was a trespasser. Many property owners use waivers or disclaimers to protect themselves against claims of injury. However, waivers and disclaims do not always offer full protection.

Waivers and Disclaimers Defined

A waiver is a document in which a party signs away their ability to sue should they be injured. A disclaimer is a document in which the property owner makes known to other parties the potential for injury to occur.

The Protection of a Waiver

Because a waiver effectively eliminates an injured party’s legal rights, many courts are not very receptive to them. The reason for this is because it is the property owner that is considered to have the most knowledge of the property and potential injuries. This means that if a person that has signed a waiver later decides to sue, a court may disregard their waiver or find it invalid. Therefore, the property owner or resident may still find themselves in court being accused of having responsibility for the injury.

However, if the injured party knowingly engaged in an activity or behavior that a reasonable person should have known would cause injury, a waiver might be upheld. This is because courts do not hold a property owner responsible for voluntary behavior that could be expected to harm a person.

The Protection of a Disclaimer

Because disclaimers do not waive rights but instead inform guests and invitees onto the property of the potential hazards on the property, they are more often upheld in court. Through a waiver, an individual is warned about the possible injury that could befall him or her, and courts find that disclosure enough to place responsibility for acting safely on the other party’s shoulders.

Getting Legal Help

Neither waivers nor disclaimers offer property owners full protection against liability. If a dangerous condition exists on a piece of property or it is reasonable to expect a person to be injured on the property, owners should consult an attorney about the best ways to protect or reduce premises liability.