Florida Injury Lawyer Blawg
A Note on Contracting Away Liability for Sports-Related Injuries
While reeling from the Toronto loss, and with the looming Whiteside and Wade contract negotiations riddled with uncertainly, Heat fans can find a modicum of solace in one thought:
Next year, we get Bosh back.
Or do we?
We Miamians love Chris Bosh. And for the sake of him and his family, let’s hope his blood clots disappear.
But what if the medical issues endure? What if playing next year carries the specter of grave personal injury or even death?
In recent years, liability waivers have become standard procedure in virtually every association between corporations and individuals. Whether a jet ski tour, your typical gym membership, or even placing your child in summer camp, corporations of all sizes are aggressively protecting themselves with liability waivers. In many cases, corporations are required to obtain liability waivers as a condition of their insurance policy. These waivers contractually preclude individuals from pursuing any kind of claim in the event of injury, even those caused by the negligence of the corporation’s employees. The waivers are typically buried within other tedious paperwork and executed by individuals without much thought. After all, no one expects to become injured. These waivers then become potentially devastating in the event of a serious or even fatal injury. Because liability waivers are presumptively valid under Florida law, they deprive injury victims of their day in court on a daily basis.