Signing a liability waiver doesn’t always prevent you from suing in Pennsylvania. Waivers can be challenged if they’re overly broad, unclear, or if the business acted with gross negligence. If you were injured despite signing one, a personal injury lawyer can evaluate whether you still have a valid claim.
What Is a Liability Waiver?
Liability waivers are common in gyms, amusement parks, sports leagues, trampoline parks, and even medical or recreational settings. By signing one, you agree to accept certain risks and limit your right to sue if you’re injured.
But here’s the catch: not all waivers are enforceable. Pennsylvania courts often examine them closely, especially if the business created an unsafe environment beyond the risks you agreed to.
Can You Sue After Signing a Waiver in Pennsylvania?
Yes — in many situations, you still can. Courts look at several factors:
- Was the waiver clear and specific? Vague language won’t hold up.
- Did the injury result from ordinary risks, or negligence? You can’t waive away someone else’s negligence.
- Was there gross negligence or recklessness? Waivers typically don’t protect businesses from extreme misconduct.
- Was the waiver signed voluntarily? If you were pressured or misled, it may not be enforceable.
Common Scenarios Where Waivers Don’t Protect Businesses
- Gym or fitness accidents – If faulty equipment caused your injury, the gym can still be liable.
- Amusement parks – If staff ignored safety rules, a waiver won’t protect them.
- Medical or wellness services – Waivers don’t shield providers from malpractice.
- Children’s activities – Parents may sign for kids, but waivers don’t always stand in court when minors are hurt.
- Reckless behavior by staff – If an employee acts dangerously, the company can still be held responsible.
How Pennsylvania Courts View Waivers
Pennsylvania courts generally enforce waivers narrowly. That means if the language doesn’t clearly cover the activity that caused your injury, you may still have a claim. Judges often strike down waivers that:
- Are overly broad (“all injuries under any circumstances”)
- Conflict with public policy (like nursing home negligence)
- Lack clear language about what risks are being waived
What Damages Could You Recover if the Waiver Doesn’t Hold?
If your waiver is challenged successfully, you may be able to recover compensation for:
- Medical bills and future care
- Lost income and reduced earning potential
- Pain and suffering
- Emotional distress
- Wrongful death damages (if applicable)
FAQs: Waivers and Injury Claims in Pennsylvania
Q: Do I lose all rights once I sign a waiver?
No. You can’t waive away gross negligence or misconduct.
Q: What if I didn’t read the waiver before signing?
Generally, signing still counts — but unclear or misleading language may work in your favor.
Q: Can my child’s waiver be enforced?
Often not. Pennsylvania courts are cautious about waivers signed for minors.
Q: What if my injury wasn’t related to the risk I signed for?
Then the waiver may not apply at all. For example, tripping over broken flooring in a gym isn’t the same as pulling a muscle during exercise.
Q: Should I call a lawyer even if I signed a waiver?
Yes. Only an attorney can assess whether the waiver is enforceable in your case.
Call Jensen Bagnato Today
If you or your child were injured in Philadelphia or Pennsylvania after signing a waiver, don’t assume you’re out of options. Liability waivers are not bulletproof. Jensen Bagnato, P.C. has over 40 years of experience challenging unfair waivers and holding negligent businesses accountable.
Call today for a free consultation and let us fight for the compensation you deserve.