But how binding, really, are personal injury waivers? What are your options for receiving help if you do get hurt? Refer to the advice below, compiled by expert accident lawyers in Phoenix AZ.
Injuries can occur when:
- The activity is inherently risky, where participating is acknowledging the high potential for harm.
- The owner or organizer of the event is negligent in some way that directly leads to harm
- The owner, organizer or agent of the event is grossly negligent, reckless, or intentional in conduct that directly leads to harm.
Personal Injury Claims in Arizona
If you believe that your injuries occurred outside typical hazards expected for that particular activity and through no fault of your own, then you must file a personal injury claim asking that the organizers be held financially responsible for your injury.
Whenever attempting to hold someone else responsible for injuries you have sustained, you must show that this person’s conduct was below a reasonable standard of care they owed to you. Further, it must be proven that, if not for their irresponsible actions, you would have not been injured at all.
Most Arizona disputes center on the second reason for injuries: an organizer being negligent in actions that result in an injury. And while the intent of requiring waivers is to protect organizers from liabilities due to their own negligence, courts have demonstrated a precedence of not reacting favorably to this defense, believing that reinforcing this strategy may encourage carelessness.
Knowing Your Rights
It’s important to know that if you have sustained an injury, you still have rights that must be protected, even if you have signed a liability waiver. A successful personal injury claim could mean the ability to cover your medical costs, compensation for lost wages, and recompense for pain and suffering endured, disfigurement and disability.
Ultimately, the question of a waiver’s validity will be a question that can only be answered in court, along with exculpatory clauses and similar contractual provisions. Plaintiffs will have the opportunity to argue their case first in a summary judgment and later before a jury. Enlisting the help of expert counsel will further your chances when it comes to succeeding in your claim.
The Simon Law Group—expert accident lawyers in Phoenix AZ and the surrounding area—has concentrated in personal injury law in over 30 years of legal experience. Helping you choose which decisions are right for you, we represent your case from first filing the claim all the way until the final ruling has been made.]]>