Not Responsible for Accidents! Hmmm….

We have all attended an event, garage sale or auction where there were signs posted that say, “NOT RESPONSIBLE FOR ACCIDENTS.”  While these signs may prevent someone from suing you for minor accidents, they are not a real protection under the law.   The signs are not specific about what risks the person attending may face.  The signs might be helpful in a defense, but they certainly will not prevent you from being held liable for a dangerous condition that resulted in injury.

Liability waivers are often required for amusement facilities like trampoline parks, skating rinks, bounce houses, zip lines, bungee jumping, etc.   Liability waivers specifically state that you are assuming certain risks with an understanding that the facility or event holder is not responsible for liability.  For instance, you know that jumping on a trampoline or bounce house could result in minor injuries – sprained limbs, fractured bones, friction burns, etc.  You are aware there is some risk just by acting in an ordinary manner when you jump, skate, zip line, bungee jump, and other activities.

However, a liability waiver does not protect anyone from gross negligence, reckless conduct or intentional acts.  For instance, if you are jumping on a trampoline that the owners know is broken and dangerous, that is an example of gross negligence.   If an employee were to throw your child down on a trampoline and they were injured that would be an intentional act.  These are simply examples, as I hope no one would actually put another person in such a dangerous circumstance.

A common sense approach is always best.   If you are being asked to sign a waiver it is an indication that the activity comes with some amount of risk.   Seems all the fun things do!  We know that accidents happen and there is not always a responsible party.  That is why they are called accidents – they aren’t done on purpose.   So, when you seek your next adrenaline rush, remember that you are assuming some risk when you sign the waiver – then ENJOY THE RIDE!