Many businesses use liability waivers – a release signed by customers to prevent them from suing the business in the event they get hurt. At least, they are supposed to.
In a recent Minnesota case, Price v. Fitness Together Maple Grove (Minn. App. 2017), a health club member was seriously injured after her personal trainer purportedly dropped a weight on her head. She sued the health club for her injuries. The health club relied on a waiver the member signed and argued that the waiver precluded the lawsuit. The Minnesota Court of Appeals disagreed, holding that the language of the waiver was not valid because the language was not clear enough. The lawsuit, therefore, was allowed to proceed.
This case illustrates two important points. First, just because you have a waiver does not mean it is enforceable. Second, it is a good idea to have an attorney review the language of your waiver to give your business the best chance of having it enforced by the courts, thereby preventing detrimental financial exposure to your business.
If you have questions about this case or if you would like to have your waiver reviewed, contact Joseph A. Gangi at 507-625-2525.