You may be asked to sign a waiver of liability before partaking in any somewhat risky activities or using certain equipment. A liability waiver doesn’t protect you from injury, but it could stop you from filing a lawsuit, so you need to know whether the document you signed will be enforced if you are injured.

A liability waiver may not be enforceable in Arizona if it contains ambiguous language, violates public policy, attempts to waive liability for gross negligence, or was signed on behalf of a minor. Being coerced or tricked into signing a liability shouldn’t stop you from suing for injury, either. We can read the document to assess its enforceability and help you pursue compensation against the at-fault party.

Get a free case evaluation from our Arizona personal injury lawyers by calling the Phoenix Accident and Injury Law Firm for help today at (480) 428-0816.

When is a Waiver of Liability Not Enforceable if You Are Injured in Arizona?

Liability waivers are not always ironclad, and there are several scenarios in which they aren’t enforced by the court or prevent the victim from pursuing compensation.

Ambiguous Language

A liability waiver is not enforceable when it contains unclear language. Ambiguous language and legal jargon can be confusing, and you might not fully understand what rights you are signing away when doing so.

Violates Public Policy

Courts generally don’t enforce liability waivers that violate public policy, so a party can still be held liable for particularly unacceptable or unsafe behavior.

Involuntary or Uninformed Consent

If you are pressured or forced into signing a liability waiver, it may not hold up in court if you are injured and need compensation. Not expressly stating the dangers of a specific activity leads to uninformed consent, and this should not stop you from getting damages.

Waives Injury from Gross Negligence or Intentional Conduct

A document cannot waive liability for gross negligence or intentional conduct. Even if you signed a liability waiver that claimed to include injuries from such causes, it most likely would not hold up in court.

Signed on Behalf of a Minor

Generally, minors can’t sign away their right to sue, and parents cannot do so on their behalf. So, if your child were injured after you signed a liability waiver for them, that wouldn’t automatically stop your family from pursuing compensation.

How Can You Know if a Waiver of Liability is Enforceable After You Are Injured?

Prioritize confirming with our attorneys whether a liability waiver is enforceable, so you do not miss your chance to sue for an injury in Arizona.

Review the Signed Waiver

Right away, our Arizona personal injury lawyers can review the liability waiver you signed to gauge its enforceability. If you don’t already have a copy, we can use the lawsuit to obtain one from the other party.

We will review the liability waiver to determine whether it contains ambiguous language or was actually signed by the victim rather than by someone else, such as a parent.

Document the Incident

Even if you signed a liability waiver before an activity, assume suing is still an option, and document the accident. Take pictures with your phone, call 911 if you are seriously injured, and ask eyewitnesses to provide their names and phone numbers so we can get in touch and preserve their statements.

Determine the Cause

The cause of your injury might determine whether or not the waiver is enforced. Remember, you can’t waive liability for injuries due to gross negligence or intentional conduct in Arizona. If that’s why you were injured, the language in the liability waiver would not necessarily matter.

Tell us everything you can remember about the accident, and we can determine whether or not the liability waiver you signed protects the responsible party.

FAQs About Suing After Signing a Waiver of Liability in Arizona

How Long Do You Have to See if a Liability Waiver is Enforceable?

The Arizona statute of limitations for personal injury lawsuits is 2 years, which is not much time to determine whether the waiver you signed is enforceable and to file a compensation claim.

Is a Liability Waiver Enforceable for Ordinary Negligence?

Sometimes, a liability waiver is enforceable for injuries caused by ordinary negligence, provided the waiver expressly addresses them. Don’t assume a waiver is enforceable; always check with our lawyers.

Is a Liability Waiver Enforceable for Gross Negligence?

A liability waiver is not enforceable for injuries resulting from gross negligence, which involves a reckless disregard for the safety and rights of others.

Do Liability Waivers Stop Wrongful Death Lawsuits?

If an injury turns fatal, our lawyers can see if the liability waiver the victim signed affects their survivors from pursuing a wrongful death claim in Arizona.

Who Decides if a Liability Waiver is Enforceable in Arizona After an Injury?

A judge decides whether a waiver is enforceable after an injury in Arizona. It’s our job to review the waiver and explain why it shouldn’t hold up in court or stop you from getting damages.

Do You Need a Lawyer to Sue After Signing a Waiver of Liability?

Signing a liability waiver does not always block you from filing a personal injury lawsuit, and you may need our lawyers to clarify if you have a case, especially if the at-fault party claims that the waiver will protect them.

What Damages Can You Get After Signing a Liability Waiver?

If the court doesn’t enforce the liability waiver, the victim may sue for any and all damages they incurred, including economic and non-economic losses. There are no statutory caps on compensatory damages in Arizona, and this often benefits victims.

For Help After an Injury, Call Our Arizona Lawyers

Call the Arizona personal injury lawyers of the Phoenix Accident and Injury Law Firm for a free case analysis at (480) 428-0816.