Many companies ask clients and customers to sign waivers before they provide a service or allow admission. All too often, people sign these waivers without even reading them, and if they do read them, they may not fully understand the legal jargon included. You may sign a waiver without realizing you are agreeing not to take legal action against the company if you suffer injuries.

After an accident and an injury, you may try to file an insurance claim or a lawsuit against a company, only for the company to defend itself with the signed waiver. Does this waiver really mean that you cannot sue to get compensation for your losses?

Examples of Common Liability Waivers

There are many, many businesses that know that their services come with the risk of injuries. To preemptively protect the company from liability, they have people sign waivers or releases just in case an injury occurs. Some examples of when you may be asked to sign a waiver include:

• Visiting an indoor trampoline park
• Renting a bouncy house
• Signing up for a gym membership
• Visiting an amusement park
• Attending a concert or sporting event
• Going on a cruise ship
• Getting medical care
• Getting a massage or spa treatment
• Participating in recreational sports
• Renting a vehicle or equipment
• Signing your child up for dance, gymnastics, or sports

In most situations, if an activity or service involves any risk of injuries, the company will likely require a waiver before you proceed. Sometimes, you have to sign a waiver. Other times, the waiver is included on a ticket you purchased and, when you present the ticket, you are agreeing to the waiver.

Is a Waiver Always Enforceable?

In Tennessee, companies are allowed to have customers waive their legal rights to file a lawsuit, and a waiver can be a successful defense. However, state courts have prohibited waivers in cases of gross negligence. If the court determines that a company or its agents were grossly negligent, the waiver will not be enforceable, and the company should be liable for any injuries and losses.

Gross negligence is worse conduct than regular negligence, as it involves the following:

• The party acted negligently AND
• The party acted with utter unconcern and reckless disregard for the well-being and safety of other people

Identifying whether gross negligence occurred can be challenging and requires complex legal analysis. Proving gross negligence in court can also be difficult, so you always want to have the right personal injury attorney evaluating and handling your case. When a company causes injuries due to gross negligence, you deserve to receive full compensation, whether you signed a waiver or not.

Consult with a Nashville Personal Injury Lawyer Today for Free

The experienced legal team at Bednarz Law in Nashville knows how to identify when a waiver should be unenforceable. Call 615-256-0100 or contact us online for a free case evaluation and to discuss the ways we can assist you.

As you only have one chance in seeking compensation when slip and fall accidents occur, it is important to accurately estimate both the current costs associated with your injuries and the future expenses you are likely to incur.

While people are often tempted to downplay the effects of a slip and fall accident, the fact is that they can result in serious personal injuries that impact you now and in the years to come. Even a seemingly minor fall can leave you suffering painful, chronic conditions that prevent you from working or enjoying hobbies and activities with your family and friends, while requiring expensive and ongoing medical care in the future.

While it is natural to want to put this incident behind you and settle your claim, it is important to remember that you have only one chance for getting the compensation you need to recover. Accurately estimating your costs and understanding the types of compensation you may be entitled to can help ensure you get the maximum amount you deserve.

The Serious Nature of Slip and Fall Injuries

According to the National Safety Council (NSC), slips and falls are one of the most common causes of death and disability in the United States. While commonly referred to as ‘accidents’, they are often the result of the reckless and negligent actions of property owners, managers, or their employees.

Even an otherwise minor slip and fall can leave a victim with serious injuries, with symptoms that may not occur for days, weeks, or even months afterward. Common types of injuries associated with slips and falls include:

• Soft tissue injuries, such as muscle or tendon sprains, strains, and tears;
• Broken bones and dislocated joints;
• Injuries to the back and neck, such as slipped or herniated discs;
• Head injuries, including concussion and traumatic brain injury (TBI).

Estimating Your Damages

In slip and fall cases, it is important to get an idea from your doctor regarding the maximum amount of medical improvement you are likely to achieve, as well as the amount of care and treatment that will be required. Under the Tennessee Code (Section 29-39-102), damages to consider when filing a claim include:

• Your current and ongoing medical expenses, including medications, medical devices, modifications to your home, nursing care, and physical therapy;
• Lost wages, and future losses in income and benefits due to ongoing disabilities;
• Compensation for your pain and suffering, including loss of enjoyment in life due to your inability to engage in your previous hobbies and activities;
• Compensation for the impact your injuries have on your immediate family, including the ways in which any ongoing disabilities prevent you from performing simple daily tasks you previously did around your home or participating in family functions.

Reach Out to Our Nashville Personal Injury Attorneys

Before agreeing to any type of settlement in your case or signing any documents, reach out and contact Bednarz Law to request a one-on-one consultation with our Nashville personal injury attorney to ensure you are getting the total amount to which you are entitled.

Slip and fall injuries can happen to anyone and when you least expect them. What most people ignore is that they can become costly if they take time to heal. From a simple negligence on your part to ill-maintained property, many things can cause slip and fall accidents. However, to get compensation, the aggrieved party must prove that the injury was caused by the negligence of the property owner or tenants and that they had taken reasonable care to avoid it.

However, you shouldn’t think twice about filing a claim for your losses if you suffer a slip and fall accident in Tennessee brought about by the negligence of the property owner or tenants. Tennessee law—Tennessee Premises Liability Law to be precise, requires property owners and their tenants to:

• Deal with potential hazards on their property
• Fix the hazards
• And/or warn visitors about them

If a property owner or tenant fails to take the above measures and this leads to a visitor suffering a slip and fall injury on the property, then the visitor is eligible by law to seek compensation for the injury suffered. While suffering a slip, and fall injury on someone else’ property makes you eligible for compensation, it does not guarantee that you will be compensated for your loss.

How is Compensation Determined?

Before making a decision, the judge or jury gives the plaintiff and defendant an equal chance to argue their case. Once the arguments have been heard, the judge/jury ponder how much responsibility the aggrieved party and the property owner or tenant bear for the accident and then using this percentage of liability, they determine the amount to be paid by the property owner as compensation to the plaintiff. However, if it is determined that the plaintiff or aggrieved party is 50% or more at fault than the defendant for the accident, then he/she won’t get any compensation from the other party.

What’s Included in the Compensation?

If you are 49% or less at fault than the defendant for the accident, then you can get compensated for:

• Your medical bills
• The cost of hiring someone to perform your chores while your recover from injury
• Wages lost due to time off work
• Pain and suffering
• Permanent disability caused by the accident
• Any other cost incurred as result of the accident

Do You Need an Accident Report to get Compensation?

Since you need to prove that the property owner or tenant was 50% or more at fault than you for your accident, you’d want to record as much as information as you possibly. Following are some of the things you’d want to record:

• The cause of the fall. Include pictures if possible
• Any witnesses. Write down their names and contact information
• In case the injury occurred at a business property, contact the manager and inform him/her about the accident

While recording the above is important, it is not as important as calling in a Nashville slip and fall attorney for a case evaluation. With assistance from a Nashville attorney such as Bednarz Law, you are guaranteed to get compensation for your injuries if you’ve recently suffered a slip and fall accident.