Can I Sue If I Signed a Waiver?

Apr 1, 2019 | Allen A. Ritchie

Medical Consent

Can you sue if you signed a waiver? Yes, you can sue. The real question is — can you win?

The court does not look favorably on deceptive language which is only designed to protect a business from financial loss.

Here are some things to consider:

  • No release prevents you from suing over recklessness or wanton activities.
  • Some companies use the release to intimidate you from pursuing legal action. Don’t fall for that. Pursue your rights.
  • Waivers do not apply to children under the age of 19.  Even a parent cannot waive the legal rights of their own children under the age of 19.
  • If the waiver uses all capital letters in part of the agreement, be sure you read that. The situation, that the business owner is warning you of, has probably happened to someone.

It is possible to win cases with signed waivers. You may remember several well publicized cases such as Julie Andrews suing after vocal cord surgery, several trampoline park injury cases and even lawsuits by actors against movie companies.

My professional advice is simple. If you are injured and have signed a release, go see a personal injury lawyer. The visit will cost you nothing to see what the law could do to help you.

If you or a loved one is injured, you can talk to us at the Law Firm of Eiland and Ritchie for free. We help all kinds of people and if we can’t help, we will tell you who can.

Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.

Allen Ritchie

Alabama Personal Injury Lawyer