What is a “pre-injury waiver” and when is it used in a sports injury case?

A pre-injury waiver is a legal document used in the case of a sports-related injury. It is usually signed either by the participant or a legal representative, such as a parent or guardian, before a sport activity has been undertaken. The pre-injury waiver is used to release the sport-organization, the team or the individual from any legal responsibility for an injury sustained during the sport activity. In California, a pre-injury waiver can form part of a defense in a case involving a sports-related injury. If the waiver is deemed to be valid, therefore, it may limit the amount of compensation a court is able to award. A court will look at a number of factors when deciding if a pre-injury waiver is valid and enforceable, including the type of activity in question, the age of the participant, and the wording of the waiver. Pre-injury waivers, if validly signed, can provide a great deal of protection for sport organizations, teams, and individuals from potential litigation arising from sports-related injuries. They do not, however, give someone a free pass to act recklessly or negligently, as this could still lead to liability. A court may also decide that a pre-injury waiver is invalid in certain circumstances.

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What is a “pre-injury waiver” and when is it used in a sports injury case?

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