Can You Sue for Injury in Florida if You Signed a Waiver?
It’s common practice for companies offer activities or excursions to have participants sign waivers of liability. Many people will do so without a second thought, not thinking that there is a chance they will get injured, and, when they do, feel at a loss and unsure how to possibly cover their medical bills and other expenses.
In this kind of situation, our lawyers can carefully read the waiver you signed while also asking you detailed questions about how you were injured. While a waiver’s contents can make it void and unenforceable, so can injuries caused by gross negligence or intentional conduct. Once we confirm you have a case, we can file it in court before the two-year filing deadline and fight for your fair recovery.
Get your free case review from Rivkind Margulies & Rivkind by calling our Miami personal injury lawyers today at (305) 204-5369
When Can Victims Sue for Injuries After Signing Liability Waivers in Florida?
While companies that make participants sign liability waivers might hope that, in doing so, they ward off all potential litigation after accidents, these waivers do not always prevent people from suing. In fact, there are many situations where victims can sue for an injury in Florida even if they have signed a liability waiver, which may be required to participate in watersport activities, fishing excursions, and even boating tours.
Injuries Sustained During Watersport Activities
Companies that offer watersport activities to customers, ranging from jet skiing, kayaking, parasailing, and snorkeling, typically require participants to sign liability waivers releasing them for responsibility in case of an accident or injury. After being injured, victims might assume that the waiver they signed prevents them from suing, but that is not necessarily the case. For example, if a minor was hurt while snorkeling, any liability waiver they signed would be void, as minors cannot sign their right to recovery away. Furthermore, parents typically cannot do so on behalf of minor children, either. Furthermore, waivers that are not explicitly clear about the possible dangers of participating in watersports or other maritime activities may not be enforceable if participants suffer injuries and need compensation.
Injuries Sustained During Charter Fishing Excursions
Before setting out on a fishing expedition on a chartered boat, the company overseeing the trip may require you to sign a liability waiver. Like other waivers, this would not necessarily prevent you from suing the fishing boat charter company for injuries you might suffer, such as from falling overboard, provided our Florida personal injury lawyers find the reason it would be unenforceable in court.
As mentioned, ambiguous waivers that do not spell out the risks participants are facing and the rights they are signing away, containing complicated jargon they do not understand, may not hold up in court. Furthermore, a waiver that violates public policy or attempts to release liability for injuries due to gross negligence and egregious misconduct may not be enforced. For example, suppose the fishing excursion participants were under the impression that the crew was experienced and capable when they signed the waiver, but that was not the case. Suppose participants suffered injuries due to that lack of experience, like in a collision with another vessel. In that case, they may be able to sue despite signing a liability waiver because the document was not clear about the risks the participants were assuming.
Injuries Sustained During Boat Tours and Trips
Scenic boat trips, tours, and dinner cruises are key highlights of Florida vacations, generally requiring guests to sign liability waivers. As mentioned, waivers do not necessarily prevent you from filing a lawsuit if you are subsequently injured on a boat trip. For example, in addition to the previous reasons why waivers are unenforceable, they cannot protect against intentional torts or gross negligence. For example, if a crew member of the boat tour intentionally assaulted and hurt a passenger, the liability waiver would not protect the individual assailant or their employer from civil litigation. We could file a lawsuit for all damages you have incurred, including medical expenses, lost wages from missed work, and non-economic damages for mental anguish and emotional distress.
Blatantly ignoring inclement weather that would endanger passengers, overserving passengers alcohol to the degree that they fall overboard and drown or suffer other injuries, or engaging in other egregious misconduct would likely void any liability waiver the boating company had passengers sign, enabling a victim to file a lawsuit for compensatory damages. When gross negligence is present, victims might get punitive damages as well. Generally speaking, Florida caps punitive damages at three times the compensatory damages awarded or $500,000, whichever amount is greater, according to Fla. Stat. § 768.73(1)(a).
How We Can Help You Sue for Injury in Florida if You Signed a Liability Waiver
You won’t have indefinite time to figure out if you can sue despite signing a liability waiver in Florida, which only gives victims two years to file injury complaints in court and initiate lawsuits, according to § 95.11(5).
Reading over waivers, reviewing an accident’s circumstances, and organizing proof of liability and your damages from the incident will take time, and it’s ideal for us to have as much of the remaining statute of limitations as possible when preparing lawsuits for plaintiffs. Assuming that you automatically cannot sue because you signed the waiver, when its contents or the cause of your injury might enable you to file a lawsuit, could delay your case. This might put you in danger of missing the two-year statute of limitations, which will likely start counting down the date you are injured.
In addition to confirming that the waiver is void, our attorneys must compile evidence showing the defendant’s liability for your injuries, which may include eyewitness statements, video footage, photographs, and your medical records. Initiating cases sooner may mean victims’ faster recoveries from out-of-court settlements or jury awards, so contact us right after your accident so we can prioritize evidence preservation and case preparation while you focus on physically recovering.
Call Our Lawyers in Florida About Your Case Today
Call Rivkind Margulies & Rivkind at (305) 204-5369 today to discuss your case for free with our Hialeah, FL personal injury lawyers.
