Quick Definition: An act or instance of waiving a right or claim.
A waiver is a legal document that waives an individual’s right to seek damages from another person, business or organization. The legal definition is “[t]he relinquishment of a known contractual right by a party who has such a right, which will relieve the other party of his right. No consideration is necessary.”
Waivers can come in a variety of forms. Waivers are sometimes called preinjury releases, hold harmless agreements, exculpatory clauses and indemnity agreements.
Where Are Waivers Used?
Waivers are used by commercial establishments. Waives are commonly used at amusement parks, sporting arenas, parks, zip line facilities, tours, theme parks, fairs, and even trampoline parks.
I Signed A Waiver And Got Hurt? Do I Still Have A Claim?
There are many cases that discuss the enforceability of waivers. Generally speaking if a waiver is well-worded, written in plain English and easy to understand without ambiguity it is enforceable.
.“In Georgia, [the] general rule is that a party may exempt itself from liability to the other party for injury caused by its negligence, and the agreement is not void for contravening public policy.” Lovelace, et al. v. Figure Salon, Inc., 179 Ga. App. 51, 52, 345 S.E.2d 139 (1986).
There are three exceptions:
- In Georgia, a waiver is not enforceable if it violates public policy.
- The consideration for the contract is contrary to good morals and law.
- The contract is entered into for the purpose of effecting illegal or immoral agreement or doing something which violates the law.
Additionally there are certain circumstances that Courts have held that waivers are always unenforceable. An example would be residential leases that attempt to shield the landlord from liability. The enforceability of a waiver is based primarily on the specific facts of each situation.
What Do I Need To Do To Properly Challenge A Waiver?
In the case of a minor you must be able to prove negligence and in the case of an adult you must be able to prove gross negligence. In Georgia a party may not obtain a waiver for its gross negligence or willful misconduct.
Gross negligence is defined as the want of slight car and diligence, such care as careless and inattentive persons would usually exercise under the circumstances, want of that diligence which even careless men are accustomed to exercise, carelessness manifestly materially great than want of common prudence.
Wilful conduct is based on actual intention to do harm or inflict injury; wanton conduct is that which is so reckless or so charged with indifference to the consequences to be the equivalent in spirit to actual intent.
Have you or a loved one been injured in an automobile collision or suffered and injury due to someone else’s negligence? Lamar Law Office, LLC offers a free consultation. At Lamar Law Office, LLC we truly care about each and every client. Fill out the form on this website or call us at 678-819-5200 or 877-CARE-404 to get your FREE consultation today. You can even send a text. If you are without transportation then we will come to you.« Back to Glossary Index