Can an Injury Lawyer Help Even If You Signed a Waiver

Although you may not have paid any attention to the language contained in the document, you have likely signed an injury waiver at one time or another over the course of your life. These waivers are routinely incorporated into contracts or required as stand-alone documents for everything from high-risk activities (such as skydiving) to kindergarten school field trips. Most of us pay little attention to these waivers because we do not anticipate anything going wrong that would trigger the terms of the waiver; however, what happens when something doesxgo wrong, and an injury occurs? Are injury waivers as iron-clad as they are touted to be? On Episode 24 of Lawyer Podcast, personal injury attorney Paul Reed explains what happens when an injury waiver meets with an epic failure.

What Is an Injury Waiver?

The term “injury waiver” can refer to a stand-alone legal document or to an exculpatory clause within a larger contract or agreement. In either case, the purpose is to preemptively release a party from legal responsibility for injuries sustained by another party. These clauses can be found just about anywhere. If you have a child who plays sports, you probably signed an injury waiver absolving the school or organization from responsibility should your child be injured while playing the sport. Renting a boat for the day? There is likely an exculpatory clause embedded in the rental contract that is intended to prevent you from suing the rental company for damages if you are injured while on the boat. On the latest episode of Lawyer Podcast, attorney Reed discusses one of his cases involving an injury waiver found in a membership agreement for L.A. Fitness.

The L.A. Fitness Injury Waiver

It is often easier to understand legal concepts when they are explained in context. With that in mind, attorney Paul Reed explains how an injury waiver is intended to work, and how one can fail, within the context of a lawsuit he filed on behalf of a client who was injured outside the front door of L.A. Fitness. His client was a member of the gym and was heading out to her car after a workout when she stepped in a hole in the concrete sidewalk just outside the front door of the establishment. The client fractured her ankle, which led to significant medical bills and other monetary damages.

After attorney Reed filed a personal injury lawsuit against L.A. Fitness, the company responded with a Motion for Summary Judgment. A Motion for Summary Judgment is a legal step taken by one party to a lawsuit asking the judge to dismiss the case as a matter of law because there are no material issues of fact on which a jury could ever find in favor of the non-moving party. L.A. Fitness based their request for summary judgment on the existence of an exculpatory clause in the membership agreement. In short, L.A. Fitness claimed that a jury could never find in favor of the Plaintiff (the injured party) because the exculpatory clause protects them from liability for injuries sustained by a member who signed the membership agreement.

Can You Get Around an Exculpatory Clause?

In the L.A. Fitness case, the exculpatory clause was broad and inclusive, encompassing a wide range of injuries including, but not limited to, injuries caused by a heart attack or stroke, injuries that occur while working out or while in the shower, and injuries that happen because of heat stroke. It also specifically says that the list of potential injuries is not an exclusive list to ensure that they have covered all injuries. While L.A. Fitness tried to ensure that they have zero exposure for injuries sustained by members, attorney Reed made a compelling argument as to why they are liable in his Memorandum in Opposition to Summary Judgment filed with the court. As the name implies, an Opposition to Summary Judgment allows the non-moving party to make an argument against dismissing the lawsuit. While admitting that an exculpatory clause existed, attorney Reed pointed to the language in the membership agreement which stated, “In consideration of a member being able to enter LA Fitness for any purposes…” and argued that his client was injured while leaving the gym. Moreover, an ordinary person joining a gym and being presented with the membership contract signed by the Plaintiff, would conclude that he/she is waiving the right to recover damages for injuries sustained while performing activities associated with “working out.” Attorney Reed argued that since his client was injured outside the front door, after concluding her workout, while heading to her vehicle, the exculpatory clause does not apply.

Unfortunately, we will never know whether the judge was convinced by attorney Reed’s argument because the parties settled the case within a week of the Memorandum being filed. What is clear, however, is that L.A. Fitness found the argument to be compelling enough that they were willing to make a reasonable settlement offer to the Plaintiff.

What Does the L.A. Fitness Case Tell Us about Injury Waivers?

The L.A. Fitness case shows us that injury waivers do not always preclude liability for injuries. Often, the power in an injury waiver is its deterrent value. People often (mistakenly) believe that if they signed an injury waiver or a document with an exculpatory clause that there is no point in pursuing damages for their injuries. If you were injured in a personal injury accident, always consult with an experienced attorney before making the assumption that an injury waiver prevents you from seeking compensation for your injuries.

If you have questions or concerns about a personal injury lawsuit, contact the experienced personal injury attorneys at Reed & Reed.