Waivers: Are You Really Signing Away Your Right to Sue?

As you and your family set out to enjoy Florida’s many theme parks and other attractions this summer, you will likely encounter one or two releases or waivers of liability and wonder whether they are legally enforceable in the event of a personal injury. Florida law generally disfavors waivers and construes them strictly against the defense.

Courts typically consider the following factors when deciding whether such releases, waivers, or limitations of liability (also known as exculpatory clauses) are enforceable:

1. Is the release language clear and visible (i.e., easy to read and comprehend)?
2. Is the intent to limit liability clearly and unequivocally stated?
3. Does it state that it releases the park or attraction from liability for its own negligence?
4. Is the release signed?

If the above factors are met, the release or limitation of liability may be enforced and affect your ability to recover for injuries sustained as a result of the park’s negligence. On the other hand, releases that are extremely broad and general, printed in miniscule font on the back of an admission ticket, attempt to limit the statute of limitations, or purport to release the park from liability for gross negligence, intentional torts, or reckless harm will likely be disregarded by Florida courts.

In any event, it is advisable to contact an experienced personal injury attorney as soon as possible if you or a family member is hurt while a guest at a theme park or other attraction to determine your rights.