“I Signed a Liability Waiver, So I Can’t Sue for Injuries” — Myth or Fact?

July 16, 2025 | By Lindner Law Firm LLC.
“I Signed a Liability Waiver, So I Can’t Sue for Injuries” — Myth or Fact?
  • The activity involves known risks (e.g., skiing, skydiving, or contact sports)
  • The waiver is written clearly and specifically outlines those risks
  • The person signing the waiver is an adult and understands what they’re signing
  • The injury is directly related to the assumed risk, not negligence
  • Even then, each case must be evaluated individually. Just because a waiver looks valid doesn’t mean it will hold up in court — especially if the business failed to meet its basic obligations for safety.

    What If a School, Sports League, or Employer Had Me Sign a Waiver?

    Many groups, such as schools, sports leagues, and employers, use waivers routinely. However, these do not guarantee immunity from liability.

    In Wisconsin:

    • Minors cannot legally waive their right to sue. A parent may sign a waiver on behalf of a child, but that document may not hold up if the organization was negligent.
    • Schools and youth organizations can still be held liable if they failed to provide reasonable supervision, ignored hazards, or violated safety standards.

    How Do Courts Decide If a Waiver Is Enforceable?

    Wisconsin courts look at several factors when deciding whether to enforce a liability waiver. These include:

    • The clarity of the language: Was it understandable, or full of legal jargon?
    • The scope of the release: Did it try to waive too much responsibility?
    • The setting in which it was signed: Was there time to read and understand it?
    • The behavior of the party seeking protection: Did they act reasonably or negligently?

    If the court finds that the waiver is too vague, overly broad, or attempts to excuse serious misconduct, it will likely be declared invalid.

    What Should You Do If You Were Injured After Signing a Waiver?

    Even if you signed a waiver before your injury, don’t assume that you can’t take legal action. You should:

    1. Get medical treatment right away. Your health is the top priority.
    2. Save the waiver you signed. If possible, get a copy if one wasn’t provided.
    3. Document the injury and conditions. Take photos, write down what happened, and talk to witnesses.
    4. Contact a personal injury attorney. An experienced lawyer can evaluate the waiver, assess your case, and help you determine whether you can still file a claim.

    How Lindner Law, LLC Can Help

    At Lindner Law, LLC, we’ve successfully represented clients who thought they had no legal recourse because they signed a waiver. We understand how Wisconsin courts analyze these cases and how to challenge waivers that overreach or violate public policy.

    When you work with us, we will:

    • Review the waiver language
    • Investigate the circumstances surrounding your injury
    • Determine whether negligence or misconduct occurred
    • Fight for full compensation for your medical bills, lost income, and suffering

    We offer free consultations, and you don’t pay unless we recover money for you.

    Don’t Let a Waiver Stand Between You and Justice

    If you’ve been injured and believe you signed away your rights, don’t give up. Liability waivers do not provide absolute protection and may not shield businesses from the repercussions of their negligence.

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