It is more than likely that if you went bungee jumping, you had to sign a waiver before doing so. If you suffered injuries in your jump, you will worry that you will not be able to cover all your damages because of the waiver.
Few would argue that bungee jumping does not come with inherent risks. Still, a waiver will only protect an operator so far. Your waiver should leave no questions as to what dangers to be aware of and how accidents could occur. If the waiver was unclear, it will likely not prevent you from recovering compensation. Many bungee jumping accidents happen because someone was grossly negligent. Most states will not bar you from suing if your bungee jumping injuries were caused by grossly negligent or wanton conduct.
Call us at (479) 316-0438 to receive your free case review with our Arkansas personal injury lawyers today.
Can I File a Lawsuit for Bungee Jumping Injuries if I Sign a Waiver?
While bungee jumping can offer people extreme thrills, accidents often leave victims with significant injuries, assuming they survived the accident. If a bungee jumping accident was caused by the operator’s negligence, filing a lawsuit against them can be challenging if you sign a waiver. Bungee jumping is an inherently dangerous activity, so you assume some of the risks when engaging in the activity.
However, that does not mean you cannot file a lawsuit despite signing a waiver. Accidents can occur in numerous ways, so never assume a waiver is automatically enforceable. Even if it is, our Bella Vista, AR personal injury attorneys can help determine if other avenues of compensation are available, like filing with the operator’s professional liability insurance provider.
The most important thing is to get your case started quickly. Our team can obtain copies of your waiver and review them for weaknesses. Waivers must be structured in certain ways for them to be legally valid. However, many private companies use templates they get online to draft their waivers. Thus, they are not ironclad shields against liability.
Another reason to contact our attorneys immediately after your bungee jumping accident is so we can locate and speak to witnesses. Bungee jumping is an exciting event. You likely talked to friends and family about it long before your scheduled jump. As such, many spectators will probably be around to witness an accident if one occurs. The sooner we speak to the witnesses to your accident, the more details from different perspectives we can gather.
You will also have a limited amount of time to file a lawsuit, no matter where your accident occurred. Each state has a rule known as the “statute of limitations” that limits how long injury victims have to file a lawsuit. Some states might give you four years to file a claim, while others provide only a year. For instance, Ark. Code. § 16-56-105 gives Arkansas injury victims three years from the accident date to file a lawsuit. Our team can help you determine how long you have to file once we review your case.
How Can I Challenge a Waiver in a Lawsuit?
Bungee jumping is an objectively dangerous activity, so it is almost guaranteed that an operator will make you sign a waiver before participating. As mentioned, though, waivers can be challenged. It is up to the bungee jumping operator to draft a legally sound waiver. If they do not, we can challenge it in a lawsuit so the operator can be held liable. The following are common ways a waiver can be found unenforceable by a court:
Language of the Waiver
Liability waivers must not have ambiguous or overly complex legal language to be considered valid. All the potential risks the operator is trying to cover should be detailed in the waiver in clear language that leaves no room for confusion. If your waiver did not list the types of liability you were releasing, perhaps stating only a blanket waiver of liability, it is likely unenforceable.
It also depends on the jurisdiction where you signed your waiver. Some states allow businesses to waive ordinary negligence, meaning you could only sue if the operators were grossly negligent. Other states find any waiver that includes basic negligence null and void. Our team can determine the extent of your waiver’s enforceability.
Scope of the Waiver
The waiver must describe the negligence for which the operator cannot be held responsible. The scope of what acts are considered negligent should be listed clearly. For instance, a bungee jumping waiver would likely have a statement about providing instructions and training for the jump and that the operator will not be held liable if the jumper adjusts their rigging after being set up or trying a dangerous stunt during the jump.
The waiver would not excuse other acts of negligence that are not reasonably related to the activity. For instance, if you slipped and fell in a spilled drink at the concession stand because the business failed to clean it, a bungee jumping waiver would not excuse this kind of negligent conduct. Our attorneys can determine if your waiver is related to the cause of your injuries.
Degree of Negligence
Assessing the level of negligence that caused your injuries can also help challenge a waiver in court. Most waivers are made to excuse common negligent acts. In many cases, a waiver will not be upheld if you were injured by grossly negligent behavior.
The legal definition of gross negligence varies from state to state. For example, Arkansas courts consider the failure to use even slight care gross negligence. Other jurisdictions define it as acting with willful or wanton disregard for other people’s safety. In either case, gross negligence is typically egregious conduct that would shock most of us.
A bungee jumping operator might have acted grossly negligent if they let an untrained employee set up the rigging or jumping apparatus. Gross negligence could also be shown if they failed to measure the appropriate length of the bungee cord for the jump site. You assume that these features will not be an issue when you go bungee jumping, so they would likely fall outside of the scope of what the waiver excuses.
Waivers Signed by Children
In most cases, you must be an adult to go bungee jumping. Some states do allow minors to go bungee jumping, but only with the approval of the parent. Thus, a waiver signed by a child might be automatically unenforceable. Even if the parent did sign the waiver on their behalf, some courts do not allow parents to sign away their child’s right to file a lawsuit.
Our Personal Injury Attorneys Can Help You Get Justice Today
For a free case evaluation with our Bentonville, AR personal injury attorneys, contact us by calling (479) 316-0438 today.