Nov 30, 2023 in News Accident Benefits Claims
Accident Benefits Claims: Winter Sports Waivers: If I Sign a Waiver Can I Still Sue?
If I sign a waiver, can I still sue? At Neinstein Personal Injury Lawyers, we hear this question quite often.
Waivers for skiing and other winter sports are a critical aspect of the industry, designed to protect resorts from legal liability in the event of accidents. However, they are not foolproof and do not always prevent lawsuits.
Let’s examine a recent case allowing a victim to sue the resort after suffering an injury despite having signed a waiver.
Apps v. Grouse Mountain Resorts Ltd. (British Columbia, 2020)
A snowboarder suffered a spinal cord injury and sued the resort, claiming negligence in the design and maintenance of a jump. The resort relied on a waiver printed on the lift ticket and posted at the ticket booth. However, the British Columbia Court of Appeal found the resort failed to provide reasonable notice of the waiver before the ticket purchase. This decision implies that for a waiver to be enforceable, clear and explicit notice must be given before the contractual agreement is made, especially for onerous clauses like waivers of negligence??????.When to Contact a Personal Injury Lawyer
If you’ve suffered a catastrophic injury as the result of a skiing or snowboarding accident, it is in your best interest to reach out to personal injury lawyer Toronto. As your negligence lawyer, we can assess your claim and help you determine if you are entitled to compensation in the aftermath of your accident. We provide a personal injury lawyer free consultation so you can get the answers you need without having to take on any further financial commitments or burdens.If I Sign a Waiver Can I Still Sue?
Unfortunately, there’s no hard and fast rule regarding waivers and their coverage. Each case has individual elements that need to be assessed on their own merits which will in turn inform the courts on how to rule. That said, too often people believe that simply signing a waiver totally strips them of all rights and recourse in the event of an injury - that’s simply not the case. Reach out to a Toronto personal injury lawyer at Neinstein to learn more about your specific case - and the specific remedies available to you.Work with a Leading Team of Personal Injury Lawyers
These cases illustrate that while waivers are a powerful tool for resorts to limit liability, they are not absolute. Factors like specificity, clarity, and the timing of notice can influence their enforceability. Skiers and snowboarders who have signed waivers but suffered injuries due to potential negligence or other failures by the resort still might have legal recourse. The personal injury lawyers in Toronto at Neinstein will be able to help you make that determination. Reach out today to learn more about your legal options. Recovering from a devastating injury without support can be extraordinarily difficult, bordering on impossible; Neinstein is here to ensure that you are able to access any and all compensation you are legally entitled to in order to help along your recovery.
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Accident benefits, or "no-fault" benefits, are available to anyone involved in a car accident, regardless of who is responsible. At Neinstein LLP, we can help advance your accident benefit claim while providing you and your family with the guidance and resources necessary to focus on your recovery. Our accident benefits lawyers based in the Toronto region will act as your advocate and trusted advisor in all matters related to personal injury litigation.
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