Can You Sue if You Signed a Liability Waiver in Florida?

If you sign a liability waiver in Florida and sustain an injury, you may doubt your ability to pursue compensation for the related damages. Gyms, amusement parks, sporting events, daycares, and a variety of other businesses and facilities require liability waivers in Florida to limit their legal obligation in case of an accident.

However, a liability waiver may not eliminate your ability to file a claim against the business in every circumstance. This article will outline when you may and may not be able to sue after signing a liability waiver in Florida. 

When Does a Liability Waiver Give Up My Right to Sue?

Liability waivers are legal contracts made between a business and a participant. The goal is to eliminate the business’s legal responsibility to the participant if an injury occurs. By signing a waiver, you agree to the terms of the contract, which may give up your right to sue if you sustain an injury. 

If the liability waiver was drafted properly and in accordance with the required criteria to be enforceable in Florida, you likely won’t be able to sue the business. 

When Can I Sue After Signing a Liability Waiver in Florida?

Under some circumstances, you may still be able to sue a business after signing a liability waiver. These circumstances include:

  • An improperly drafted waiver

Under Florida law, a liability waiver must be clear, unambiguous, unequivocal, and specific. An experienced attorney can help you determine if the waiver meets these criteria. 

  • Gross negligence

If the business acted with gross negligence, you may still be able to sue for damages related to your injury. 

  • A child was injured

Florida law includes exceptions for minors who sustain injuries while partaking in certain activities. Parents can consult an attorney to determine if their child is included in these exceptions. 

If you or your child was recently injured due to a business’s negligence, schedule a free case review at Weldon & Rothman, PL today. Our attorneys can review any liability waivers and determine if you have a potential case.