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Massachusetts Sports Activities Waivers of Liability

For almost every Massachusetts sport or Massachusetts recreational activity that you or your child may participate in, you are required to sign a release or Massachusetts waiver of liability. By signing these forms, you agree to give up certain rights in exchange for the services provided. These Massachusetts waivers of liability attempt to limit or eliminate the liability of the Massachusetts business or individual if a Massachusetts resident suffers injuries while participating in the Massachusetts sport or other Massachusetts recreational activity.

The Massachusetts sports accident personal injury attorneys and Massachusetts sports accident wrongful death lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates know that most Massachusetts residents do not give much thought about what rights they may be giving up when they sign Massachusetts waivers of liability release forms. It is only when a Massachusetts athlete is seriously injured that these agreements become important.

As a Massachusetts consumer, you are placed in a difficult position every time you choose to participate in a Massachusetts sports or recreational activity. Massachusetts consumers are usually faced with Massachusetts release forms immediately before participating in a Massachusetts recreational activity. Rarely do you have a reasonable opportunity to thoroughly evaluate the language in the waiver of liability or determine whether the release complies with Massachusetts waivers of liability legal requirements. Even when you do have the opportunity to read through the language of a Massachusetts waiver of liability, you may not fully understand the legal rights that you are actually giving up. For example, some releases include mediation clauses, which include waivers of the right to a jury trial. This means that by signing the release, you may have forsaken your 7th Amendment United States Constitutional right to a trial by jury without even realizing it.

Waivers of liability and releases are oftentimes enforced by Massachusetts courts. This is because a Massachusetts release is considered a contract that, if properly drafted and executed, is a legally binding agreement. However, signing a release for a Massachusetts sport or recreational activity is not necessarily fatal to your legal right to recover financial compensation for your Massachusetts sports-related injury. There are ways to challenge the validity and binding effects of a Massachusetts waiver of liability. Releases must be clear and concise, specifically identify all parties that are being released, and be written in a font that is large enough and easy to read.

If any advertisements, brochures or other marketing literature associated with the Massachusetts sport or recreational activity contains misrepresentations or intentionally false statements to induce Massachusetts consumers to participate in the activity, then this type of fraud often overrides the release or waiver of liability. In cases where the release does not meet certain content and format requirements, was signed due to coercion from a fraudulent advertisement or is deemed unconscionable by Massachusetts law, you may be able to bring a legal challenge to its enforcement.

It is also important to note that a valid release does not prevent you from pursuing a Massachusetts product liability case. Stringent safety standards are especially important when a Massachusetts product is used for Massachusetts sports and recreational activities where there is an inherent risk of injury due to the physical nature of the activity. Massachusetts manufacturers must carefully test and inspect every Massachusetts product that leaves their factory and ensure that applicable warning labels are in place. If you were injured in a Massachusetts sporting accident by a defective Massachusetts product, you may be eligible to file a Massachusetts product liability claim against the Massachusetts designer, Massachusetts manufacturer or Massachusetts distributor of the defective Massachusetts product which contributed to your injury.

If you or your child were injured in a Massachusetts sports-related accident after signing a Massachusetts waiver of liability, do not be discouraged. Massachusetts law may still be on your side even though you agreed to something that appears to limit your legal rights. The expert Boston, Massachusetts recreation-related injury lawyer specialists at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates can help you evaluate whether the form you signed is valid and binding. Call us at 617-787-3700 or email a highly skilled Massachusetts athletic accident lawyer at info@gilhoylaw.com. We would be honored to help you.

If You or Someone You Know Has Been the Victim of a Massachusetts Sports Accident Personal Injury, Call the Boston, MA Sports Related Injury Lawyer Experts Today at the Law Offices Of Gilbert R. Hoy, Jr. and Affiliates at 617-787-3700 or Email Our Massachusetts Sports Accident Personal Injury Attorney Specialists at info@gilhoylaw.com.