{"id":6674,"date":"2017-09-16T20:38:09","date_gmt":"2017-09-16T10:38:09","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6674"},"modified":"2017-09-18T07:20:01","modified_gmt":"2017-09-17T21:20:01","slug":"personal-injury-lawyers-explain-liability-waivers","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/09\/16\/personal-injury-lawyers-explain-liability-waivers\/","title":{"rendered":"Personal Injury Lawyers Explain When Liability Waivers Apply"},"content":{"rendered":"
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Brisbane & Gold Coast No Win No Fee Personal Injury Lawyers explain liability waivers and when they apply. FREE legal advice 24 hours a day to all Qld.<\/p><\/div>\n

Have you suffered an injury undertaking sporting, health & fitness or recreational activity? Or were you injured at a theme-park? Are you thinking you can’t bring a personal injury claim <\/a>because you signed a waiver of liability? \u00a0Well, read this post about liability waivers, as you probably do still have a personal injury claim to pursue.<\/p>\n<\/div>\n

No Win No Fee Personal Injury Lawyers can Advise whether a Liability Waiver is Valid<\/span><\/h2>\n
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Many think they don’t have a personal injury claim because they’ve signed a Waiver of Liability before undertaking a certain activity. This is not always the case. A Waiver must be very clear and specific in its wording to exclude a person’s right to claim compensation for personal injury. The Waiver must also clearly form part of the contract for the services. There must also be some consideration for agreeing to waive your rights to pursue accident and injury compensation. (“Consideration” is value for agreeing to waive your rights to recover compensation for any injury sustained).<\/p>\n<\/div>\n

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For example, you decide to go bungee jumping. You pay for the bungee jump and later, when you’re about to jump the attendant has you sign a Waiver. That Waiver did not form part of your contract for the services. It was given to you post-contract, after you paid for and agreed to the service. There was no consideration for the waiver you provided. Hence it is more than likely a Court will find the Waiver invalid.<\/div>\n

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The Liability Waiver You Signed May Not be Valid Under Australian Consumer Law<\/span><\/h2>\n
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Also, Waivers can be invalid under Australian Consumer Law<\/em> <\/a>(ACL). \u00a0ACL is federal trade practices legislation, adopted by Queensland through amendments to the Queensland\u00a0Fair Trading Act 1989<\/em><\/a>\u00a0in 2010. \u00a0ACL imposes mandatory guarantees on providers of products & services to consumers in Queensland and Australia, and those guarantees cannot be excluded by Waiver.<\/p>\n<\/div>\n

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Under ACL, where a party provides goods and services to consumers in Queensland, \u00a0express guarantees apply under that legislation that the goods supplied are fit for the purpose for which they are provided<\/span> and services supplied are provided with due care & skill<\/span>. Under ACL, these guarantees cannot be contracted out of in respect to claims for personal injury or death.<\/p>\n<\/div>\n

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There is an exception to this rule under Commonwealth legislation, the Competition & Consumer Law Act 2010.\u00a0<\/em><\/a> Under that legislation, Waivers excluding claims for personal injury and death can apply to certain recreational activities. However, this legislative provision does not apply in Queensland.<\/div>\n

A Party Still Has a Duty of Care in Providing the Services Even With a Waiver<\/span><\/h2>\n<\/div>\n
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A Waiver will also provide no protection for a party where the injury has arisen out of their negligence in failing to use due care and skill in providing the services. Even with a Waiver, a party is still obligated to take reasonable steps to avoid risk of injury of which they are aware or ought to be aware.<\/p>\n<\/div>\n

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We receive a lot of enquiries about injuries sustained at theme parks. Usually, when attending a theme park there is signage notifying of risk waiver at entrances and where tickets are purchased. \u00a0Because of this, many believe they cannot claim for injuries sustained whilst visiting a theme park. But this is not the case. If the theme park has failed to use due care and skill to avoid risks of injury of which they are aware or ought to be aware, the Waiver can be found not to apply.<\/p>\n<\/div>\n

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For example, say you are injured visiting a theme park, because a roller-coaster is defective. Investigations reveal the defect was caused by the operator negligently failing to undertake required maintenance of the equipment. In such case, a Court would most likely find that the Waiver did not apply to the operator’s gross negligence. The only circumstances in which the Waiver would have effect in such circumstances, would be where the roller-coaster operator clearly advised you of his lack of upkeep of the roller-coaster at the time you agreed to the Waiver.<\/div>\n<\/div>\n<\/div>\n

Personal Injury Sustained during Fitness Training or at Fitness Centres<\/span><\/h2>\n
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We also often receive enquiries where injuries are sustained in the course of fitness training or attending Fitness Centres. \u00a0The law in relation to Waivers as discussed above, also applies to fitness training and Fitness Centres.<\/p>\n<\/div>\n

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In cases where a person suffers injury whilst attending at a Fitness Centre or with a personal trainer because they weren’t previously assessed as to their fitness for the exercise regime recommended or provided, then they may very well have a personal injury claim for the injury sustained and any resulting loss and damage.<\/p>\n<\/div>\n

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In Queensland, under the\u00a0Fair Trading Act Regulations\u00a0<\/em><\/a>, a Fitness Centre must provide clear warnings to clients before signing up with the Fitness Centre. The Fitness Centre must provide clear and readily visible signage warning customers that they must advise the Centre of any health concerns in writing before engaging their fitness services. The Fitness Centre must also include this warning in their customer agreement. Any failure in this regard, would negate any Waiver of a Fitness Centre, where a client suffers injury due to the lack of a fitness assessment, prior to engaging in the fitness services.<\/p>\n<\/div>\n

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Personal Injury Claims Can be Voided Where Injury Arises Out of an Obvious Risk<\/span><\/h2>\n
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In Queensland, the Civil Liability Act 2003<\/em> <\/a>(CLA) limits claims for personal injury resulting from dangerous recreational activities carrying obvious risk. For this Defence to apply, the personal injury must arise from the materialisation of that obvious risk. This is a complex area of law that we will deal with our post entitled, “Personal Injury Claims & Dangerous Recreational Activities”<\/a>.<\/p>\n<\/div>\n

Signed a Waiver? Contact No Win No Fee Personal Injury Lawyers- You May Still Have a Personal Injury Claim to Pursue<\/span><\/h2>\n
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So, if you’ve signed a Waiver of Liability, don’t automatically think you don’t have a personal injury claim to pursue. It is more than likely that you do still have a claim, and one you should pursue.<\/p>\n

No Win No Fee Personal Injury Lawyers specialise in accident & injury compensation claims. As experts in personal injury claims <\/a>,we can advise you whether you do have a right to claim. You can contact us by calling 1300 388 383<\/span>, Chatting with us via our Livechat service<\/span> on our website, or you can send us details of your case<\/span> by submitting one of our FREE Instant Case Appraisal forms <\/a>on our website.<\/p>\n<\/div>\n

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All Enquiries are completely FREE of charge, 100% confidential and are without any obligation<\/span>. And our services <\/a>are available to you 24 hours a day<\/span>. \u00a0So give us a CALL<\/span>, CHAT<\/span> with us or SUBMIT<\/span> your enquiry today. You’ll receive instant advice as to whether you’ve a valid personal injury claim and what compensation you’re entitled to.<\/div>\n<\/div>\n

Time Limits Apply to Personal Injury Claims in Queensland – Contact No Win No Fee Personal Injury Lawyers Today<\/span><\/h2>\n
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You should also be aware that time limits do apply to personal injury claims in Queensland. There are also Notice periods applying under legislation governing personal injury claims. It is therefore very important that you take steps to investigate your personal injury claim without delay.<\/div>\n
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Have you suffered an injury undertaking sporting, health & fitness or recreational activity? Or were you injured at a theme-park? Are you thinking you can’t bring a personal injury claim because you signed a waiver of liability? \u00a0Well, read this post about liability waivers, as you probably do still have a personal injury claim to 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