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Understanding the limitations of liability waivers

Getting out to participate in the activities offered in New Haven is an integral part of enjoying life. Yet often you will find that in order to participate in such activities, you and/or members of your family will have to sign a liability waiver. Several of those that we here at The Law Office of George Romania, LLC have worked with in the past have questioned to what extent such waivers are enforceable. The answer to that question may depend upon the nature of the activity. 

In general, liability waivers can be deemed invalid in the following scenarios: 

  • The party seeking a release of liability demonstrates gross negligence 
  • The waiver was signed by an unauthorized minor
  • The language of the waiver is unclear and ambiguous in relation to its extent

Connecticut Supreme Court rulings have extended the limitations of liability waivers to include certain situations where releases may violate public policy. The policies cited as having been violated in cases testing this ruling have often had broad applications. State court decisions have determined some of those to be general expectations people have that family oriented facilities will typically be safe, or that members of the public should be encouraged to participate in activities that promote health and wellness. 

When reviewing the circumstances that resulted in yours or your loved one's injury, consider the degree to which the party protected under the liability waiver you signed may have contributed to it. You may also question whether restricting liability in your case is contrary to general public policies or certain base expectations you may have had. More information on assigning liability in your injury case can be found here on our site. 

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Hamden, CT 06518

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