Trampoline parks and other recreational centers are becoming more and more popular. Not surprisingly, injuries resulting from such locations are also on the rise. Because these businesses usually require a liability waiver, it can be confusing to know what rights you have in the event of an injury.
No two waivers are the same. They even go by different names such as indemnity agreements, waivers of rights, pre-injury releases, exculpatory agreements, assumptions of risk and disclaimers. In addition, the laws regarding enforcement of liability waivers vary by state. South Carolina has moderate standards for the enforcement of liability waivers. Here, you cannot waive gross negligence. Simply put, this means that if you are injured after signing a liability waiver due to recklessness on the part of the store owner or employees, the business will still be liable for your damages.
If this has happened to you or someone you know, there are several steps you should take immediately after the incident.
- File Incident Report
This step is important for documentation on how and where the incident occurred. When filing, be sure to be as specific and accurate as possible when detailing the events leading up to and following the incident. This should be done as soon as possible to ensure these details are still fresh in your mind.
- Make Request of Manager For Video Surveillance
Making a request of the manager for video surveillance right away. This establishes the duty for the company to preserve any existing surveillance. Without this request, the company generally reserves the right to dispose of its own property, including surveillance tapes and documents.
- Contact a Personal Injury Lawyer
Especially in waiver cases, each case involving an injury is extremely unique and should be approached with expert counsel. This is particularly important for both evidence collection and for insurance purposes.
Obtaining legal counsel early on is important to ensure the opposing party indeed does take measures to preserve evidence that may otherwise disappear. Things such as surveillance videos sometimes get taped over after a certain period of time so obtaining a copy as soon as possible is vital.
Additionally, the insurance company will rely on the liability waiver to deny paying the claim. Obtaining legal representation helps you stand your best chance to recover damages.
- Collect All Medical Documents
Request all medical documents and submit to you lawyer. This includes any documentation that details the nature of the injury sustained, any charges associated with treatment and any additional out of pocket costs associated with the injury.
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