Can I File An Injury Lawsuit Even If I Signed A Liability Waiver?

Yes, you can still file an injury lawsuit in California even after signing a liability waiver. A liability waiver is a form in which you agree not to hold a business, organization, or other party responsible if you get hurt. Signing one does not automatically mean you have no case.

A waiver can fail when it conflicts with state law or with public policy. Courts look closely at the exact wording, the activity, and what actually happened to you when deciding whether to enforce a waiver.

How California Law Views Liability Waivers

California law allows a valid waiver to cover future “ordinary negligence,” a basic lapse in care. Think of a wet floor that staff did not promptly mop up or mark with a sign. That kind of small mistake is what a valid waiver can cover. What matters most is how courts read these contracts.

A waiver does not need to list every possible accident in advance. Instead, courts ask whether what happened to you reasonably falls within the purpose of the waiver you signed. To illustrate, suppose you signed a form at a chiropractor’s office and were later hurt. Courts will look at what the form actually said and whether it covered what happened.

Courts also require clear language. If the wording is unclear or hard to find, the court may rule against the party that wrote it, not against you.

Talking with injury attorneys can help you find out if that waiver holds up. When conduct goes beyond simple mistakes, the waiver may offer no legal protection for the other party. California courts recognize several common reasons why a waiver may not bar an injury lawsuit.

5 Reasons A Signed Waiver May Be Unenforceable

California law can void a waiver in certain situations. If your injury fits one of these scenarios, the other party may not be as protected as they think.

1. Gross Negligence: A waiver generally cannot release liability for future gross negligence. California defines gross negligence as a “want of even scant care” or an “extreme departure from the ordinary standard of conduct.” Intentional harm also cannot be released in advance.
2. Unclear or Overly Broad Language: The waiver must clearly communicate that it releases the other party from liability for negligence, and the injury must reasonably relate to the purpose for which the release was given. It does not have to list every possible accident or risk in advance. A form buried in fine print or written in vague legal language may not hold up.
3. Conduct Outside the Waiver’s Scope: If you were hurt by something unrelated to the activity you signed up for, the waiver may not apply. For example, if you get hurt at the gym, a waiver for workout injuries may not be enforceable if a falling ceiling tile hits you due to poor building maintenance. This rule is not new. California courts set it decades ago in a case where a gym member was hurt when a sauna bench collapsed under him. The court said the gym’s waiver did not clearly cover that kind of injury, so it did not block his claim (Leon v. Family Fitness Center (#107), Inc., 1998).
4. Violation of a Safety Law: Civil Code § 1668 can prevent a party from using a waiver to escape liability for violating a specific statutory or regulatory duty designed to protect public safety. A 2025 California Supreme Court case applied this rule to a city’s statutory duty to maintain safe public roads. A cyclist who signed a waiver before a fundraiser bike ride was allowed to continue pursuing his claim against the city after the Court found that the waiver could not excuse the city’s duty to keep the road safe (Whitehead v. City of Oakland, 2025).
5. Public-Interest Concerns: Some waivers fail even with clear wording when the service involved is essential, and the business held all the bargaining power. The section below explains how California courts look at this.

If even one of these five reasons applies to your case, the waiver you signed may not protect the other party the way they think it does. Seeking free advice from an injury attorney online can give you a general idea of these exceptions, but determining whether one applies requires reviewing both the signed waiver and the facts and law surrounding your injury.

When Does A Waiver Affect The Public Interest?

California courts use a six-factor test from Tunkl v. Regents of the University of California (1963) to decide this question. No single factor decides the outcome by itself.

Courts look at whether:

• The business is typically subject to public regulation, like a hospital.
• The service is important to the public, not just a recreational extra.
• The business offers the service to any member of the public who asks.
• The business holds most of the bargaining power in the deal.
• The contract is a standard form with no option to pay more for added protection.
• You had to place yourself under the business’s control, thereby exposing yourself to its own carelessness.

Recreational activities, like a gym class or a bike tour, usually do not raise these concerns. A waiver tied to an essential service, like health care, is more likely to fail this test.

Why You Should Have A Lawyer Review Your Signed Waiver

A lawyer can spot details in a waiver that most people might miss on their own. They can read the exact legal language used, check how it was presented to you, and decide whether your accident even falls within its terms. That close look often reveals weaknesses or signs of gross negligence that a non-lawyer would miss.

That said, you may end up walking away from a valid claim without a lawyer’s review. If you are thinking, “I need a personal injury lawyer,” consider acting on that instinct. An attorney can review your situation, check whether the waiver actually applies, and explain your options from the start.

See What We’ve Recovered For Injured Clients

These past case results obtained by our firm involved a business or property owner facing a claim after an accident. One happened during a recreational activity that commonly comes with a waiver. The other shows how much the actual evidence can matter to a claim’s outcome:

• $3,000,000 Golf Car Accident Recovery: Our client was injured in a golf car accident on a property. We secured this settlement by holding the property accountable for the conditions that caused the crash.
• $3,000,000 Slip and Fall Recovery: Our client suffered a spine injury in a slip-and-fall accident. Video footage of what actually happened helped secure this settlement and bring closure for our client.

Every case is different, and past results do not guarantee a similar outcome. Results depend on the facts, injuries, available insurance, applicable law, and other circumstances.

Common Questions About Injury Waivers In California

A signed waiver does not automatically bar your injury lawsuit in California. Its effect depends on the exact wording, the activity, and how you were hurt. Gross negligence, intentional harm, and certain safety law violations are never protected, no matter what a document says.

Does A Waiver Protect A Business If They Intentionally Hurt Me?

No. California Civil Code § 1668 bars any waiver that tries to excuse fraud or willful injury. That protection applies no matter what the document says.

Is A Liability Waiver The Same As Assumption Of Risk?

No. A waiver is a signed contract, while assumption of risk is a separate legal rule. It can apply even without a signed waiver for risks that are a normal part of an activity. A business generally still cannot make those risks worse than they should be.

Can I Sue If My Child Was Injured After I Signed A Waiver For Them?

Yes, in some cases. California allows a parent to sign a waiver for a child, unlike most other states. Even so, that waiver never protects a facility that acted with gross negligence.

What Should I Do With The Waiver Document After An Accident?

It is a good idea to keep a copy of the waiver and avoid signing new forms before speaking with a lawyer. Have an attorney review the document to see whether it holds up under California law.

Can I Sue A Third Party If I Signed A Waiver With A Gym?

In some cases, yes. A waiver usually protects only the parties it covers. If a separate party, like a gym equipment manufacturer, caused your injury through its own negligence, you can still file a claim against it.

What If The Business Asks Me To Sign Something After The Accident?

Be careful. A release signed after your injury is different from the waiver you signed before it. California Civil Code § 1542 normally protects claims you did not know about yet, but many settlement documents ask you to give up that protection. Talk to a lawyer before signing.

How Long Do I Have To Sue If The Waiver Is Invalid?

You generally have two years from the date of your injury to file a personal injury lawsuit under California Code of Civil Procedure § 335.1. If a government agency is involved, you may need to file an administrative claim within six months under Government Code § 911.2. Signing a waiver does not stop these deadlines from running, so do not wait to speak with an attorney.

Injured After Signing A Liability Waiver? We Can Review It

Get your waiver reviewed to understand your legal rights and options. If you signed a waiver and were seriously hurt, an attorney can tell you whether that document holds up under California law and what your options are.

Call Arash Law (AK Law) at (888) 488-1391 to schedule a free initial consultation. There is no pressure and no obligation to hire us afterward. If you decide to work with us, you do not pay the attorney’s fees unless they win or settle your case. That’s because our firm handles every personal injury case on a contingency fee basis. You do not have to pay anything out of pocket to get started.

A real legal evaluation can make all the difference. Contact our team to find out where you stand.