If you take part in activities that present risk –
downhill skiing, axe throwing, hang gliding or even regular sports
at a community centre – you will likely be asked to sign a
liability waiver. It acknowledges that you accept the risks the
activity presents and any liability in case of an accident.
Most of us sign these documents without giving them much
thought. But if you were injured during the activity, would the
waiver be legally valid?
It generally is. As the Ontario Superior Court of Justice has ruled, "[if] the plaintiff chose to sign
the form and ignore the consequences, that was a decision freely
made by the plaintiff."
That is why people should always read the fine print to ensure
they understand the rights and recourse they are giving up.
