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

A “pre-injury waiver” is a document used in sports injury cases in Washington that absolves an organization, institution, or individual of responsibility for any injuries an individual may have sustained while participating in a sporting event or activity. This waiver may be written or verbal, and it typically occurs in youth sports, such as high school and club teams. In a sports injury case, a pre-injury waiver may be used when an individual signs up for a sporting event or activity. For example, a school or a club might require participants to sign a waiver in order to participate in a sport, which would waive all rights to sue the organization in the event of an injury. Additionally, a pre-injury waiver may be used if a league or team requires its participants to sign a liability form that states that they waive any right to sue in the event of an injury. In Washington, pre-injury waivers may also be included in recently-enacted laws that were designed to encourage youth sports participation. For example, the Washington Interscholastic Sports Participation Act, which was enacted in 2020, includes language that states that when a school district or organization requires its participants to sign a waiver, that waiver acts as a defense against any claims for personal injury or wrongful death resulting from activities related to the sport in question. Ultimately, a pre-injury waiver is a document that is used in sports injury cases in Washington in order to absolve an organization, institution, or individual from responsibility in the event of an injury. It is typically required when an individual signs up for a sport, and it is often included in recently-enacted laws that are designed to encourage youth sports participation.

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

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