WAIVER OF LIABILITY IN WRONGFUL DEATH CASES

WAIVER OF LIABILITY IN WRONGFUL DEATH CASES

Posted on Friday, April 1st, 2016 at 2:37 am    

As summer approaches, parents will be signing up their children for various summer camps and other recreational activities. Most providers of sporting activities and recreational activities, including most summer camps, require participants to sign a waiver of liability. For minors, parents sign the waiver. The company requires this waiver in an attempt to limit its liability in the event of a tragic accident. The validity of waivers of liability rarely come into question unless someone is injured.

While we know we should read these waivers word for word, very few of us actually read the “fine print” and simply acknowledge that we understand we cannot sue the company if something goes terribly wrong. When you sign a waiver of liability, you may be giving up important legal rights. For example, some waivers include a clause that you give up your constitutional right to a jury trial. Unfortunately, you are in a difficult position because if you do not sign the waiver of liability, you and/or your child will not be permitted to participate in the activity. Therefore, most of us simply sign the waiver of liability after quickly skimming the waiver.

Can I Sue a Company if I Signed a Waiver of Liability?

In some cases, a waiver of liability may not be valid. Waivers of liability are generally considered a contract under California law and they are enforceable under contract law. However, these waivers may not always be enforceable in every situation. There are cases in which the injured victim was able to sue the at-fault party even though a waiver of liability was signed.

A waiver of liability or a release may be unenforceable in four situations:

Gross Negligence – In a 2007 case, the California Supreme Court held that the family of disabled girl who drowned at a summer camp could file a wrongful death lawsuit even though the mother signed a waiver of liability. The court held that in the case of gross negligence or recklessness, the waiver of liability did not protect the at-fault party from being sued.

Fraud and/or Misrepresentation – If you can prove that the company committed fraud or intentionally used false statement to induce you to sign the waiver of liability and/or participate in the activity, you may be entitled to sue the company even though you signed a waiver of liability.

Product Liability – Even a valid waiver of liability does not prevent you from filing a product liability claim in the event you were injured because of a defective product.

Illegal Format or Content – In order to be enforceable, waivers of liability and releases must be concise, clear, and easy to read and understand. They must contain certain information such as the parties being released and the parameters of the activity. If the release or wavier is too broad or violates California contract laws, the wavier of liability may be ruled void and unenforceable.

Contact a Personal Injury Attorney for More Information

If you or your child has been injured while participating in a sport or recreational activity, contact our office for a free legal consultation. The attorneys of Tiemann Law Firm will review the waiver of liability to determine if you have a cause of action against the company, sponsors, staff, or other party.

You can contact us online, call (916) 999-9000, or chat with a representative on our website.

Client Testimonials

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
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Don’t listen to the bad reviews! My experience with this law firm is unmatched , I always recommend to colleagues and friends and they have not been disappointed either. Great quality people who care about the outcome not just the bottom line

Dawniel Ewing
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
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Tiemann Law Firm is a great law firm. The best part is we won and I received a bigger settlement than I thought was possible! They keep in touch and are friendly and easy to talk to. If you want the best settlement for your case,   CALL THESE GUYS!!!

Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of your hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!