It is now routine to sign liability waivers for almost any kind of activity, ranging from puppy kindergarten to skydiving. The waivers offer a stark choice; give up your legal rights or don’t participate. The Tough Mudder hardcore obstacle event is so unusually harsh that its participants have adopted the slogan: “Remember, you signed a death waiver.” This slogan became a tragic reality when an unfortunate participant died after the “Walk the Plank” obstacle. A lawsuit over that death was settled before reaching a jury. So, it remains uncertain whether the Tough Mudder “death waiver” would have been ruled legally enforceable.
There is no doubt that persons signing liability waivers lack bargaining power and many such liability waivers are extremely broad in scope. As a result, liability waivers are often contrary to public policy and, therefore, void and unenforceable. Because of this possibility, one should not assume their case is precluded by the waiver. In every case, it is necessary to seek legal help to determine the enforceability of the waiver.
In many cases, the personal injury attorneys at Bye, Goff & Rohde have been successful in overcoming liability waivers. If you were injured, or your loved one was killed, after signing a liability waiver do not hesitate to contact us for a free consultation.