Our experience rivals that of any of the big firms in southern Nevada. Our smaller size allows us to offer far better rates and service to our clients.

Do injury waivers actually protect your business?

On Behalf of | Mar 21, 2024 | BUSINESS & COMMERCIAL LAW - Business & Commercial Law

Some businesses will have patrons sign injury waivers. These essentially just say that the individuals cannot sue the business if they are injured on the premises.

But say that there is an accident and someone gets hurt. Is that injury waiver actually going to prevent them from suing your company? Or is the court just going to throw the waiver out and hold you liable anyway?

Was negligence involved?

Injury waivers often work in specific situations and when people are engaging in specific activities. As long as the business is being run properly, these activities may be inherently dangerous.

For example, maybe you’ve opened a rock climbing gym. There’s an inherent danger to climbing and someone could be hurt in a fall. If someone is bouldering – climbing short routes without a rope – and they fall and break their ankle, for instance, you don’t want them to sue your company. Injuries are just part of rock climbing.

But your company may still be liable if there was negligence involved. For example, if the climber just slipped and fell, the injury waiver likely protects your business. But if a hold malfunctioned or part of the wall hadn’t been constructed properly, leading to the fall and the injury, when you could still face a lawsuit. The waiver doesn’t absolve you of liability if negligence is involved.

This can make for a complex situation where an injured person may think that they can sue and a business owner may think that they are protected by a waiver. If you find yourself in this position, be sure you understand all the legal steps you can take.