Understanding the Limitations of Liability Waivers

Many of the attractions offered in Kansas City require you to sign a liability waiver before experiencing them. Most would assume that the waiver that you are signing protects property owners from any issues that may arise related specifically to the activities they offer. You may not then think that they would cover an accident due to unforeseen circumstances (say, slipping on a wet surface). Many come to us here at The Nail Law Firm in such scenarios questioning just how far a liability waiver extends protection to property owners.

Typically, a property owner would be liable for any accident you suffer while on his or her premises. When a liability waiver is signed, its language must be specific in detailing what legal protections it offers a property owner. Things like spills, water and ice buildup due to weather or damaged flooring may not be addressed in such waivers. Thus, they may not protect property owners should such conditions cause accidents.

What about cases where a liability waiver’s language does address hazardous walking conditions? Some might argue that allowing hazards to get to the point of constituting a potential danger to you and others is a reckless disregard for safety (which is typically not covered by liability waivers). However, per the website SportWaiver.com, rulings issued by the Missouri Supreme Court have established the standard that it must be shown that property owners intentionally acted (or failed to act) towards hazards in order to bypass a liability waiver due to reckless disregard. This means that in such a case, you must prove that a property owner protected by a waiver did indeed know of a hazard, yet intentionally exacerbated or did nothing to address it.