Do Activity Liability Waivers Hold Up in Connecticut Civil Court?

You’ve signed a liability waiver before.

“Of course I have,” you’re thinking, but we’re not talking about the ones that you know you sign. Every day, residents and visitors throughout Kentucky “sign” waivers without even realizing it. Waivers are built into almost everything that we do, including buying tickets to a sports game, going to an amusement park, and even, usually, going to a petting zoo.

But do these activity liability waivers actually hold up in Connecticut courtrooms?

What Are Liability Waivers in Connecticut?

A liability waiver is a legal document that seeks to limit a company or organization’s liability if someone is injured while participating in an activity. By signing a waiver, the participant agrees to assume the risk associated with the activity and releases the organizer from certain types of responsibility. Common places that require liability waivers include gyms, sports facilities, trampoline parks, and amusement parks.

However, these waivers do not guarantee that a company is entirely immune from liability. Connecticut courts examine the circumstances of each case to determine if a waiver should be upheld or if an exception should apply.

Are Activity Waivers Enforceable in Connecticut?

Under Connecticut law, liability waivers can be enforceable but are not absolute. Courts in Connecticut generally respect the principle of personal responsibility but are also cautious about waivers that attempt to limit liability for negligence. In cases where a waiver is overly broad or unclear, the court may decide it is unenforceable.

Connecticut law allows liability waivers, but they are closely scrutinized. For example, if a waiver fails to specify the nature of the risk involved, courts may find it inadequate. Waivers that attempt to absolve an organization from all forms of negligence, even gross negligence, may also face legal challenges.

Exceptions to Enforceability of Liability Waivers

Several factors can prevent a liability waiver from being enforceable in Connecticut. Key exceptions include:

1. Gross Negligence or Willful Misconduct. Courts generally do not enforce waivers that attempt to release a party from liability for gross negligence or intentional misconduct. Gross negligence refers to a level of carelessness that shows a complete disregard for the safety of others. For example, if an amusement park fails to perform regular safety checks on equipment, they could be found grossly negligent despite a signed waiver.
2. Ambiguity in the Waiver. For a waiver to be enforceable, it must clearly communicate the risks associated with the activity. Connecticut courts may deem a waiver invalid if it is vague or fails to specify the types of activities or injuries it covers.
3. Public Policy Concerns. Waivers that go against public policy are often unenforceable. Courts sometimes find waivers void if they believe enforcing them would encourage unsafe practices or relieve a business from providing reasonable safety standards. For instance, a waiver for a children’s recreational facility may not hold up if the facility fails to provide adequate supervision or safety measures.

The Role of Comparative Negligence in Waiver Cases

Connecticut operates under a comparative negligence system. This means that if an injured party is partly responsible for their injury, their compensation could be reduced by their percentage of fault. Even if a waiver is in place, the court may allow a claim to proceed under Connecticut’s comparative negligence law, depending on the facts. For example, if an individual signed a waiver but the company was found to be 70% at fault for failing to provide adequate safety equipment, the waiver may not fully shield the company from liability.

How Courts Decide to Uphold or Reject a Waiver

Connecticut courts look at several factors to determine if a waiver should be upheld:

1. Clarity of Language. Courts evaluate whether the waiver is written in plain language that the average person can understand. If the waiver contains complex legal jargon, the court may decide that the participant did not fully understand what they were agreeing to.
2. Opportunity to Negotiate. Courts may also consider whether the participant had the opportunity to negotiate the terms of the waiver. In situations where a waiver is presented as a “take it or leave it” condition, such as an amusement park entry, Connecticut courts are more likely to scrutinize its fairness.
3. Voluntary Participation. The decision may also hinge on whether the participant engaged in the activity voluntarily and with an understanding of the risks involved. In some cases, courts find that waivers are more enforceable if the participant willingly accepted a known risk, such as in extreme sports activities.

Seeking Legal Guidance for Waiver Disputes

If you or a loved one has been injured despite signing a liability waiver, it may be possible to pursue compensation if the organization failed to meet reasonable safety standards. At Connolly Brennan Ralabate, PC, our experienced Stratford trampoline injury attorneys can review the waiver and assess your case’s unique facts. For more information about activity waivers or to discuss a waiver-related injury, contact Connolly Brennan Ralabate, PC, to learn about your rights and next steps. Our legal team is here to help you navigate complex Connecticut liability laws and seek the justice you deserve.