Did you sign a waiver before participating in an activity in Washington D.C.? Often we don’t remember whether we signed a waiver — but you can be sure that a company or organization that went to the trouble of having you sign it does. They keep fastidious records of signing a waiver because it can make a huge difference in getting sued, getting insurance, and the price of such insurance.
Waivers in D.C. are tough, but not impossible, to get around. Two cases spring to mind. In the first, a patron of a hotel fitness center was injured when the instructor asked him to hold a punching bag for a kickboxing demonstration, and the instructor kicked too hard. In Moore v. Waller, the D.C. Court of Appeals found that a hotel’s fitness center could enforce a waiver of the fitness center’s own negligence in causing his injuries. In a more recent case, a D.C. federal court judge found that a Segway tour participant who suffered a broken arm caused by a crash during the Segway tour was bound by a waiver of the tour company’s negligence. Mero v. City Segway Tours of Washington DC LLC, 11-cv-0817.
Both cases say that the waiver must be spelled out with clarity — and must be unambiguous. In addition, a properly worded waiver can only bar ordinary negligence. You can never waive a tour company’s grossly negligent, reckless, or intentional conduct in causing injury.
If you have specific questions about how a waiver may impact your injuries, drop us a line.