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Can You Sue For Premises Liability If You Signed A Waiver?

Waiver

A little bit of danger can be a lot of fun.  Most South Carolina tourists agree with this statement, as evidenced by the popularity of extreme sports like skydiving, bungee jumping, zip lining in South Carolina tourist destinations, to say nothing of canoeing in waters where alligators could be nearby.  Recreational facilities must follow safety regulations to minimize the risk of injury to participants, such as by properly maintaining equipment and providing appropriate safety gear to customers.  Premises liability laws apply at recreational facilities as much as they do at retail stores, restaurants, and hotels.  These laws state that businesses are liable for damages resulting from preventable dangers at the place of business.  What happens at a zipline adventure, when the danger is the fun?  The short answer is that it depends.  To find out more about your legal rights after getting injured at a recreational facility, contact a Columbia premises liability lawyer.

South Carolina Premises Liability Law and Assumption of Risk

When you get injured at a place of business, South Carolina premises liability laws give you the right to file a personal injury lawsuit against the company for failing to maintain its premises in a safe condition.  You can win your case if you can show that the company was negligent by knowingly allowing a hazard to persist on its premises, such as by failing to clean up a water spill in a timely manner or not placing a “wet floor” sign on an area of the floor that had just been mopped.  The defendant can win if they can show that you were the one who did not show reasonable caution, such as if you fell and got injured in a supermarket because you were running through the supermarket in flip flops while drunk.  In the case of extreme sports, the defendant might invoke the “assumption of risk” doctrine.  In other words, the defendant can argue that you knew that what you were doing was dangerous and willingly took the risk.

Are Liability Waivers Enforceable?

Some recreational facilities, from trampoline parks to skydiving adventures, require visitors to sign liability waivers before participating. In these waivers, the visitor acknowledges their assumption of risk and agrees not to sue the company in the event of an accidental injury.  In reality, South Carolina courts can decide on a case-by-case basis whether to enforce a liability waiver. The Waiver Society Project rates the likelihood of a court enforcing a liability waiver in South Carolina as “moderate.”  Therefore, it is worthwhile to discuss your case with a lawyer and find the best strategy for persuading the court that the accident was not covered under the waiver or that the waiver is not enforceable.

Let Us Help You Today

The premises liability lawyers at the Stanley Law Group can help you resolve disputes related to liability waivers and whether they are enforceable.  Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.

Source:

waiversociety.org/south-carolina

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