Frequently Asked Questions About Virginia Personal Injury Law
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Are there any cases where a liability waiver can be enforced in Virginia?
They might be enforceable in a situation where the injured party voluntarily and knowingly participates in an activity that is ‘inherently dangerous,’ perhaps race car driving. A 2001 case ruled by the Circuit Court of Wise County upheld a prospective liability waiver against a car racing driver who was hurt while driving. The court stated that race car driving is inherently dangerous and noted organizers may not have such events again without a liability waiver.
Are there exceptions to liability waivers in Virginia?
Indemnity provisions in Virginia are a possible exception to the general ban on enforcing liability waivers. An indemnity provision is an agreement between two parties that apportion liability between them. An indemnity provision does not prevent the injured person from filing a personal injury lawsuit after a serious personal injury. But an indemnity clause may sometimes necessitate the injured person to compensate the liable party for lawsuit expenses. This makes the indemnity clause almost indistinguishable from the liability waiver.
Is a waiver of liability form for a Virginia personal injury valid?
Generally, no. Many businesses in Virginia will require you to sign a liability waiver for any injuries, including ones caused by their own negligence. But in Virginia, these waivers are usually unenforceable. The Supreme Court in Virginia has determined it is improper to enforce a liability waiver that was signed before you have engaged in an activity.