Anyone who has patronized a recreational establishment where injuries may occur is familiar with liability waiver forms. Trampoline facilities, water parks, escape rooms, mini racetracks and even some amusement parks require guests to complete these documents before entering. Whether you’re parachuting, riding a zip line or engaging in some other type of activity or excursion, you probably don’t want to spend a lot of time poring over the legal jargon before you get to the fun. However, in the back of your mind, you might be wondering if signing the waiver prevents you from suing the owner or operator if you are hurt due to their negligence.

Here are some things to remember if you or a family member sustain injuries after signing a liability waiver at a recreational facility:

• Some activities carry an inherent risk — Certain activities can result in occasional injuries even when everyone is using proper care. Running a ski resort would not be a viable business if everyone who got hurt on the slopes could sue the operator. Liability waivers typically apply to described risks inherent in particular activities. For example, a hockey arena might state in its waiver that a player who is hit by a puck cannot bring a legal claim against the arena owner because that is an inherent risk that the arena owner cannot control.
• Provisions excusing negligence are disfavored — In Hanks v. Powder Ridge Restaurant Corporation et al. the Connecticut Supreme Court upheld the principle that the law does not favor contract provisions that relieve parties from liability for their own negligence. Accordingly, the plaintiff was allowed to proceed with a lawsuit against a resort that operated a snow tubing run that was open to everyone six years of age or older, despite specific language in the waiver barring negligence claims.
• Liability waivers are adhesion contracts — Unlike contracts that result from even-handed negotiations between the parties, liability waivers are prepared by the business and presented to patrons on a take-it-or-leave-it basis. Ambiguous language in these “adhesion contracts” are typically interpreted against the party that drafted the document.
• Signing a waiver does not necessarily bar you from obtaining damages — You shouldn’t have to be a legal scholar to have fun at an escape room, adventure course or theme park. Don’t assume that you’re barred from filing a lawsuit just because you completed and submitted a waiver. If you or a loved sustained an injury in such a facility, a consultation with a knowledgeable personal injury attorney will help you understand if compensation is available.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents injury victims throughout Connecticut. We can explain the relevant legal standards and outline your options. Please call 203-745-0942 or contact us online to schedule a consultation.