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I was injured at a business or on someone else's property, but I signed something beforehand. Does this mean I can't sue?

If you were injured in an incident at a place of business or on other similar premises, but you signed something prior to the incident, you might think that this could prevent you from suing the liable business or facility for money damages in a personal injury lawsuit. However, this is not always the case.

Many times, companies or facilities will have their invitees (or guests) sign a release or waiver prior to entry that simply indicate that the guest has been informed about the potential major risks of entry, or possibly to waive claims surrounding an inherently dangerous activity. While these documents may affect a personal injury claim, they may not automatically prevent a recovery.

For example, a company that facilitates bungee jumping could make their customers sign forms that outline the risks of bungee jumping, such as eye trauma and back injury, or death. By signing the form, the jumper is acknowledging that he or she was is aware of the inherent risks of the activity prior to jumping. These documents appear in many cases to waive or release any claims to a lawsuit if injury or death occurs. However, that is not always effective.

Unfortunately, some injuries occur as a result of negligence of the business, not the dangerous activity itself. Using the bungee jumping analogy, if a bungee cable was not properly attached prior to a jump, resulting in the serious injury or death of the jumper, then the operator of the facility may be at fault, and the waiver or release may not prevent a lawsuit. While this is a hypothetical situation, it is important for those who have been injured in an accident or incident to seek representation from an expert personal injury attorney who can assess both who is at fault, and whether the circumstances and wording of the release or waiver document is likely to preclude a claim for injuries or not.

Our firm accepts personal injury, medical malpractice, and wrongful death lawsuits on a contingency fee basis, meaning you would owe us neither legal fees nor costs unless we recover money damage for you—thus, there is no up front cost to you for us to handle the case. Our firm has offices in Gainesville, Ocala, Chiefland, Lake City, Palatka, Jacksonville, Daytona, Palm Coast, St. Augustine, Orlando, Kissimmee, Lake Mary, and Melbourne.
If you or a family member has been seriously injured or died in a bicycle accident, car crash, tire failure crash, rollover or other incident or as the result of someone else’s negligence or malpractice, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Stephen K. Miller, Attorney at Law

August 3, 2012
 
 
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