Can A Waiver Save A Property Owner From A Slip And Fall Claim?
Businesses will sometimes require that you sign a waiver when you enter their property. The waiver might clarify that you assume risk when entering the property and are designed to protect the property owner from lawsuits. However, there are many liability waivers that are not enforceable and you may still be entitled to compensation with the help of a great slip and fall lawyer.
When a Liability Waiver Is Not Enforceable
For the waiver to be enforceable, you must be able to understand it. If a non-lawyer would not understand the waiver, the property owner may not be able to enforce it in court and you may still be entitled to compensation for your injuries. The waiver must clearly state what it is protecting and must not be ambiguous.
The property owner is not allowed to create a waiver that allows them to engage in dangerous or reckless actions. For example, the surface cannot be so slippery that it would be impossible for someone not to slip on it. The property owner must take into consideration those who are disabled and whether they have the option to avoid the hazard. Also, if you have evidence that the defendant intentionally harmed you, this would make the waiver null and void.
In some cases, the waiver might be too specific. For example, you may sign a waiver that states that you assume risk by using the swimming pool but you might have slipped and fallen outside the pool.
How to Seek Compensation for a Slip and Fall Case
Simply falling on your own is not enough to win a slip and fall case. You must also prove that the property was unreasonably dangerous and that this lead to your injury. You must also prove that the property owner was warned about the dangerous conditions and did not take steps to correct it. The property owner must have a reasonable forewarning of the danger rather than being expected to make changes immediately.
Unfortunately, some property owners are very slow to perform maintenance and a waiver will not save them from litigation if they are excessively negligent. To show how dangerous the property was, you should take a photograph of the scene. Also, a slip and fall lawyer might have additional ways to gather evidence such as interviewing witnesses, relying on expert witnesses, and obtaining surveillance camera footage that might show the state of the property.
Reach out to a slip and fall attorney for more information.