What happens if the deceased signed a Waiver or Release of Liability?

If one of your family members died after they had signed a waiver of liability, you may wonder if you can sue for wrongful death.

Your immediate reaction may be to assume that you cannot, yet that is not always the case.

Although most states recognize the validity of liability waivers, including Florida, such documents do not automatically absolve someone of any liability in a wrongful death case.

If you need to challenge a waiver in court, it is recommended that you pay extra close attention to the following aspects concerning it:

• Language: Supposing a liability waiver is worded ambiguously, and it creates confusion, the court might choose not to recognize it.
• Specifics: If your family member's accident was caused by conditions that the liable party should have previously recognized but were not mentioned in a liability waiver, then the liable party may still be seen as being at fault.
• Layout: If the language mentioning a location's liability is hidden at the back of the document or in a smaller font so as to deemphasize its importance, the court might choose to throw a waiver out, too.

A waiver does not stop the family members of a deceased individual from taking legal action in every situation. Because waivers have to meet the general requirements of legal documents, one instance where a waiver may be found invalid is if the legal document has deficiencies. Waivers, like all legal documents, need to be clear, specific, and concrete. This means the waiver text cannot be ambiguous, unreadable, unspecific, or hard to understand.

The Right of Action of the Florida Wrongful Death Act lists negligence, breach of contract, default, and general wrongful actions as being the elements needed to file a wrongful death lawsuit. When it comes to liability waivers, if any of these elements are present, then responsibility for any accidents could be shifted back to the liable party. So, if you ask yourself, "Can I file a wrongful death lawsuit after signing a waiver?" the answer in Florida could be yes.

How can The Law Offices of Sean M. Cleary help?

The Law Offices of Sean M. Cleary may help you file a wrongful death lawsuit even if your deceased family member had signed a Waiver or Release of Liability before they passed away. Our attorney, who has over 20 years of professional experience, will thoroughly analyze your case to determine whether you are entitled to financial compensation. We are determined to go to great lengths to obtain the most favorable outcome for your case.