I am about to take my family to a medieval renaissance fair. As I was describing all the fun activities like, throwing knives and axes; jousting; sword fights; obstacle courses; and much more; I started thinking about the waiver we will probably be forced to sign at some point. I am sure we will have to sign something saying we can't sue the fair if one of us gets injured.
Are these waivers valid and enforceable?
Unfortunately, yes, they are valid and they are enforceable. However, a dedicated and talented lawyer can defeat a signed waiver and help you receive proper compensation if you are injured. If you've been injured and have been told you can't be compensated because you signed a waiver, call Attorney Andrew Silvia immediately at (508) 960-9686.
Trampoline parks, climbing walls, and medieval fairs are extremely fun, but they are also dangerous. People are routinely hurt while taking part in the fun. If the owners were held responsible for all the injuries, they couldn't afford to operate and none of us would be able to enjoy the fun. This is why waivers are allowed in certain situations.
However, this does not relieve the owners from all levels of negligence. Massachusetts does not allow waivers of Gross Negligence. Gross Negligence is an extremely difficult standard to prove. Simple Negligence is a difficult, which is why you should always call an attorney if you've been injured, but Gross Negligence is even harder.
Gross Negligence is often defined as the failure to use even slight care to avoid creating an unreasonable risk of harm. It takes extensive work to establish this legal standard and you need a talented and dedicated lawyer fighting for you immediately.
There are other ways to defeat a negligence waiver. In Massachusetts, gyms are not allowed to use negligence waivers and if the facility is required to be licensed and they fail to obtain all licenses, they cannot avail themselves of the defense of a liability waiver.
If you have been injured you should call a lawyer immediately. Whether you have a case or not, Attorney Andrew Silvia, Owner and Trial Attorney for Law Office of Andrew T. Silvia, LLC, will provide you with a FREE Consultation. Call Andrew Silvia today at (508) 960-9686 for a FREE Consultation. I will even pause my medieval entertainment to help you with your injury.
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