For those who are avid seekers of new adventures, thrills, and exciting experiences, signing a liability waiver is a pretty standard thing. However, what happens if you and your loved ones sign such a waiver and then a member of your party is killed in an accident during the event? Understanding what liability waivers can and cannot do, as well as what your rights are, is important in a case like this. Here's what you need to know before you dismiss the potential for filing a wrongful death suit.
How Did The Death Occur?
The first thing that your wrongful death attorney is going to need to know is exactly what led to the death. The circumstances surrounding what happened are important because the liability waiver has some validity in certain situations.
For example, if your loved one was killed because he or she irresponsibly leaned over a railing and fell, the liability waiver would protect the other party in this case. The act of leaning over the railing is irresponsible on the part of your loved one. Even if the lack of a safety harness shows some negligence on the part of the facility owner, the truth is that the bulk of the negligence lies with your loved one in a case like this, making it hard for you to overcome the liability waiver.
However, in a case where your loved one was killed due to direct, grossly negligent actions by the other party, you may still be able to seek wrongful death benefits despite the liability waiver. The key is to be able to prove gross negligence on the part of the other party, which can be challenging to do.
What Exactly Is Gross Negligence?
In order to file and succeed with a wrongful death claim after signing a liability waiver, proving negligence is not typically enough. In most cases, you have to prove gross negligence for the case to be heard.
The difference between negligence and gross negligence is actually fairly simple. Negligent actions show a lack of proper attention to the necessary care and caution required for a situation. Gross negligence, on the other hand, indicates a complete and total disregard for any kind of caution or care in a situation.
To be guilty of gross negligence, the other party should have known the risks involved in a situation and they deliberately and completely disregarded everyone's safety and their duty of care with their actions. For example, if a vehicle driver backs over someone behind them because they completely failed to look behind them before moving, that can prove gross negligence.
How Can You Prove Gross Negligence?
If you want to file a wrongful death suit in a situation where there's a signed liability waiver, you need to be sure that you work with a wrongful death attorney from the beginning. Trying to prove gross negligence on your own can be challenging, and since your entire case may hinge on it, it's not something that you should take lightly.
Working with a wrongful death attorney will help to ensure that you have the documentation and support that you need to prove the case and override the liability waiver to get the damages that your family may be entitled to. Your attorney will tell you what you need to do and how to complete the necessary steps, so reach out to someone near you as soon as possible.
Don't let a signed liability waiver leave you feeling as though you have no recourse for a deliberately negligent death. Talk with a wrongful death attorney service near you today to see if you can prove gross negligence and seek restitution despite that waiver.
