Injured After Signing a Liability Waiver? Here’s What You Need to Know
Chances are you’ve signed a release of liability waiver before — whether at the gym, a trampoline park, a concert, or even on a school field trip. These waivers have become a routine part of taking part in activities that carry some risk. Simply put; by signing, you agree not to hold the company or organization responsible if you get injured. But what if you do get hurt? Does that signature mean you have no legal options left?
At C.H. Smith Law Firm, we understand how overwhelming and confusing this situation can be. Our Virginia-based personal injury attorneys are here to help you understand your rights and take action when you’ve been injured — waiver or no waiver.
What Is a Liability Waiver?
A liability waiver is a legal document designed to protect businesses and organizations from being held responsible if you get injured while participating in certain activities. Also known as a release form or disclaimer, it’s a contract where you acknowledge the risks involved and agree not to pursue legal action if an accident happens. These waivers are common in places and events where physical activity, or potential hazards exist. Understanding where and why these forms are used can help you be more aware of your rights and the risks you’re assuming before you take part.
You might see these forms at:
- Health and fitness clubs
- Amusement and water parks
- Wall climbing gyms and trampoline parks
- Sporting events and races
- Outdoor adventure companies
- Zoos and wildlife parks
- School-organized field trips
- Music concerts and public festivals
The waiver’s purpose is to shield the organization or company from legal liability if someone is injured while participating in the event or using the service.
Are Liability Waivers Enforceable in Virginia?
In Virginia, pre-injury liability waivers are generally not enforceable because they are considered against public policy. This position sets Virginia apart from many other states that often uphold such waivers. The principal dates back more than a century to the 1890 case of Johnson’s Adm’x v. Richmond D.R. Co., where the Virginia Supreme Court made clear that enforcing a waiver would allow one party to put others “at the mercy of its own misconduct,” which public policy forbids. This ruling was reinforced in 1992 in Hiett v. Lake Barcroft Community Ass’n, Inc., where the court struck down a waiver signed before an injury, declaring it void and contrary to public interest. Simply put, if you were hurt in Virginia after signing a waiver, that document might not protect the business or organization from liability.
So… You Signed the Waiver and Got Hurt. What Now?
Getting hurt after signing a liability waiver can feel like hitting a dead end — but it doesn’t have to be. Just because you signed doesn’t mean you’ve lost all your rights. Especially in Virginia, the law offers several ways to fight back and hold negligent parties accountable. Understanding your options is the first step toward getting the justice and compensation you deserve. Here’s how you and your attorney can challenge these waivers and defend your claim.
1. Challenge the Waiver’s Enforceability
As discussed, Virginia courts often reject pre-injury liability waivers as unenforceable because they conflict with public policy designed to protect injured parties. However, even if the waiver itself is generally invalid, the opposing side may still try to use it as a defense to avoid responsibility for your injuries. This is why having an experienced personal injury attorney is crucial.
At C.H. Smith Law Firm, our skilled attorneys frequently file a motion in limine—a legal request to prevent the waiver from being introduced as evidence during trial. We argue that these waivers are void under Virginia law and should not influence the outcome of your case. By excluding the waiver, we ensure the focus stays on the facts of your injury and the negligent actions of the responsible party, not on a document that may not hold up in court.
2. Assumption of Risk Defense
Even when a liability waiver is deemed unenforceable, the defense may still try to avoid responsibility by arguing that you “assumed the risk” of injury by voluntarily participating in the activity. Essentially, they claim you understood the dangers involved and chose to proceed anyway. While this defense can be powerful, it is not absolute and has important limitations.
To successfully use assumption of risk, the opposing party must prove that you were fully aware of the specific hazards and that your injury resulted from risks inherent to the activity—not from negligence or reckless behavior. Critical questions come into play:
- Were you properly warned of specific dangers?
- Was the injury caused by unexpected or extreme negligence?
- Were safety procedures followed?
Our legal team investigates all angles to determine whether your injury was foreseeable, preventable, or due to someone else’s recklessness.
3. Negligence Still Counts
Signing a liability waiver does not give businesses or individuals a free pass to act recklessly or ignore basic safety measures. Even if you agreed to the waiver, you may still have a valid claim if your injury resulted from gross negligence, willful misconduct, or intentional harm. Courts recognize that some actions go beyond ordinary risks and cannot be waived away. Understanding how negligence plays a role in your case is essential to pursuing fair compensation.
Examples of negligence might include:
- Faulty equipment
- Inadequate supervision
- Poor maintenance
- Failure to provide safety gear
- Ignoring known hazards
If someone failed to act with reasonable care, and that failure caused your injury, you may be entitled to compensation — waiver or not.
Common Situations Where Waivers Come into Play
Injuries can happen anywhere, especially when participating in activities that involve some level of risk. While liability waivers are common in these settings, they don’t always protect the business or organization from responsibility—especially when negligence or unsafe conditions are involved. At C.H. Smith Law Firm, we frequently handle cases arising from these scenarios, helping injured clients seek the justice they deserve.
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Trampoline Parks: Injuries such as broken bones, sprains, and head trauma frequently occur when parks have unsafe layouts, overcrowded jumping areas, or insufficient staff supervision to enforce safety rules.
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Fitness Centers: Accidents caused by equipment malfunctions, slippery or wet floors, and negligent personal trainers who fail to provide proper guidance or spot clients can lead to serious harm despite signed waivers.
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Outdoor Adventure Parks: Activities like ziplining, rock climbing, or ropes courses come with inherent risks, but failures such as faulty zipline cables, climbing gear defects, or inadequately trained guides can result in severe injuries that should not be waived away.
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Sporting Events: Players at amateur or recreational sporting events may suffer injuries due to faulty equipment, unsafe playing conditions, or participation in unsanctioned or poorly supervised games—circumstances that can give rise to valid legal claims despite waiver forms.
What to Do After an Injury Despite a Signed Waiver
Getting hurt during an activity where you signed a liability waiver can be confusing and stressful. However, signing a waiver doesn’t mean you have no rights or options. Taking the right steps immediately after an injury is crucial to protect your health and preserve your legal claim. Here’s what you should do:
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Seek Medical Attention
Your health and safety are the top priorities. Get prompt medical care to treat your injuries and create an official record of your condition. -
Document Everything
Collect as much evidence as possible. Take photos of the accident scene, preserve all medical reports, and write down details while they are fresh. Also, gather contact information from any witnesses. -
Don’t Accept Blame or Sign Anything Else
Avoid admitting fault or signing any additional paperwork at the scene or afterward without legal advice, as this can jeopardize your case. -
Contact an Experienced Personal Injury Lawyer
An attorney with experience in waiver-related injury cases, like the team at C.H. Smith Law Firm, can guide you through the legal process and fight to protect your rights and recover compensation.
How We Can Help at C.H. Smith Law Firm
We understand that dealing with an injury is stressful—physically, emotionally, and financially. When you’ve also signed a waiver, the situation can feel even more complicated. Our experienced Virginia personal injury attorneys are here to guide you and fight for your rights. Here’s how we assist you every step of the way:
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Review the Liability Waiver: We carefully analyze the waiver you signed to assess its validity and how it may impact your case under Virginia law.
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Investigate Your Case: Our team gathers evidence, interviews witnesses, and examines all relevant details to build a clear picture of what happened.
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Identify Negligence or Misconduct: We look for any signs of negligence, recklessness, or intentional wrongdoing that could have caused your injury.
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File Motions to Exclude the Waiver: We take legal action to prevent the waiver from being used against you, arguing that it violates public policy.
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Build a Strong Legal Case: Using all available evidence and legal strategies, we work tirelessly to pursue the compensation you deserve.
No matter where your injury occurred—whether at a gym, recreational facility, adventure park, or public event—C.H. Smith Law Firm is committed to supporting you from your first call through to a successful resolution.
Your Injury Case Deserves Expert Help — Book a Free Consult Now
Don’t wait to get the legal help you deserve. Injury cases involving signed waivers can be complex and time-sensitive — delays may risk losing crucial evidence or witnesses and weaken your claim.
Contact us today for a free consultation and learn how C.H. Smith Law Firm can protect your rights and help you pursue the compensation you deserve.
Contact C.H. Smith Law Firm – Virginia’s Trusted Personal Injury Attorneys
Plantation Office:
7805 S.W. 6th Court, Plantation, FL 33324
Phone: +1 (954) 228-9334
Tampa Office:
201 E. Kennedy Blvd, Suite 600, Tampa, FL 33602
Phone: +1 (813) 322-5335
Email: info@chsmithlaw.com
