Can You Waive Your Right to Sue in Fine Print?

Imagine that you go to a water park and there is fine print on the bottom of the ticket that says that the park is not liable for any injuries you sustain at the water park. That day, you are on a ride and get injured. Will the fine print prevent you from bringing a lawsuit? The answer varies. The park will likely argue that you agreed to the terms when you purchased the ticket. This means that you agreed to take on the risk of injury by going to the park. However, in the past, some courts have allowed these types of lawsuits to proceed saying that these sorts of contracts can violate public policy, whether that be because the agreement was not clear enough, the person did not expressly and knowingly assume the risk, or because the activity has social importance that the court does not want to discourage by patrons being barred from bringing suits. The court may determine certain activities have social significance that require protection against harm to the public. So, it is a case-by-case determination, and if you think you have a potential suit despite any waiver that the defendant may be claiming, reach out to us and we would be happy to help.