Marion County offers plenty of places of diversion for you and your family. Yet if one of your family members is killed on any of these properties after you have signed a waiver of liability, you may wonder, “Can I sue for wrongful death after signing a waiver (provided that it is warranted)? Your immediate reaction may be to assume that you can’t, yet that’s not always the case.
While most states recognize the validity of liability waivers, such documents do not automatically absolve a property owner of any responsibility in a wrongful death case. If you need to challenge a waiver in court, it’s recommended that you pay extra close attention to the following things relating to it:
- Language: If a liability waiver is worded so ambiguously as to create confusion, the court may choose not to recognize it.
- Specifics: If your loved one’s accident was caused by conditions that the property owner should have previously recognized, yet were not mentioned in a liability waiver, then the property owner may still be viewed as being at fault.
- Layout: if the language spelling out a location’s liability is hidden at the back of document or in a smaller font so as to purposely deemphasize its importance, the court may choose to throw a waiver out, as well.
The Right of Action of the Florida Wrongful Death Act lists negligence, default, breach of contract, and general wrongful actions as being the elements needed to pursue a wrongful death claim. In terms of liability waivers, if any of these elements is blatantly present, then responsibility for any accidents could be shifted back to the property owner.
So, if you ask, “Can I sue for wrongful death after signing a waiver?” the answer in Florida could be yes.
While the information mentioned above should be seen as a substitute for legal advice. It can, however, get you out from underneath the restrictions imposed by a liability waiver.