Liability Waivers for Property Owners

Waivers of liability vary in wording but essentially are attempts by organizations to limit their liability for injuries that occur on their property. These waivers are becoming increasingly common as organizations attempt to limit their liability. Signing a waiver of liability, however, does not necessarily mean the organization is free from responsibility for injuries that do occur. Courts are skeptical of these waivers because they shift the risk of negligent conduct away from the negligent party. In determining the validity of a waiver, courts consider the intent of the parties at the time the waiver was signed, whether the contract language is clear and unambiguous, and whether a party was sufficiently informed of its waiver of rights.