Suing After Signing a Waiver: What You Need to Know After Theme Park Injury

It’s not uncommon for theme parks and entertainment centers to present customers with a waiver or disclaimer before entering. This usually states that the park or the venue is not responsible for any injury, loss, or damage that may occur to you or your property while attending the event. 

For instance, you may see something like:

Disclaimer: The following ticket is issued on the condition that the holder assumes all risks and liabilities associated with attending the event. The venue and theatre are not liable for any injury, loss, or damage to persons or property caused by or in connection with the event.

This clause is meant to protect the venue or the theatre from being sued by anyone who may suffer harm during the event. However, while this exculpatory clause is valid, they can still be liable for your injuries in some cases.

Attorney Ugo Lord explains this interesting legal concept by reacting to a shocking viral video of a woman dangling off an amusement park ride after a malfunction. The lady hung loosely off her seat as she oscillated back and forth over a panicking crowd.

Who’s Liable in This Case?

Despite signing a waiver, many social media users were curious about who was liable for the dangling woman’s injury. TikTok lawyer Ugo Lord explains that most amusement parks will require their guests to sign a waiver making the establishment not liable for any injury.

This contract is an Exculpatory Agreement, and courts agree these are valid unless “…it deals with gross negligence, recklessness, or intentional behavior “. 

He continues, saying that “if your safety harness gives out on you, that’s gross negligence at the very least”. Therefore, “This fairground is liable to the woman even if she signed a waiver”. 

What’s an Exculpatory Clause?

An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. It’s a legal way for businesses to tell event guests they won’t take responsibility for any harm or misfortune they face.

While these contracts are valid, courts often disregard exculpatory clauses if they unfairly allow a party to avoid responsibility for their negligence. Courts can also strike down exculpatory clauses when they are hidden in a contract or have broad coverage that violates public policy.

The type of exculpatory agreement amusement park owners often use is the “Assumption of risk.” agreement. This contract refers to situations where an individual acknowledges the risks associated with any activity but chooses to take part anyway. 

However, this type of contract is only valid if the damage isn’t the result of the establishment’s negligence but how the user interacts with the activity. Therefore, this contract instantly becomes invalid in cases of willful misconduct, recklessness, or gross negligence.

In this woman’s case, her seatbelt harness was defective, which is still the fairground’s responsibility to maintain even after signing a waiver.

The Comments Were Furious Even After Signing a Waiver

Most users in Dr Lord’s comment section were furious at how the Fair’s negligence almost cost the woman her life. One commenter said, “If she were taller, her head would’ve painted the platform red. This is negligent.”

Another user wrote, “If a ride ever requires me to sign a waiver in case I die, I’m not getting on the ride”, with others agreeing with the comment.

Even attorney Ugo Lord cautioned his viewers, saying, “I’ve been a lawyer long enough never to take rides that they disassemble and rebuild repeatedly. I’ve seen some pretty horrible cases.”