South Florida Injury Lawyers Blog
Florida may not have snow or mountains, but vacationers here likely have one thing in common with plaintiffs in an Oregon case alleging staff negligence while snowboarding: Liability waivers.
There are many opportunities for visitors (and locals) in South Florida to engage in fun activities, such as personal watercraft rentals, parasailing, horseback riding, boating, etc. But many companies do require participants to sign a release signing away their right to sue in the event they are injured.
In many instances, courts will respect these signed waivers as a valid legal contract, so long as the signature belongs to someone over 18. However, there are circumstances under which a court may find such an agreement “unconscionable,” and therefore unenforceable – meaning injured party still retains the right to pursue litigation.