Navigating Waivers and Legal Rights: Insights from the Urbanson Case

You may have been asked to sign a waiver of liability before taking part in activities that involve some level of risk, such as playing sports, working out at a gym, or visiting facilities that offer activities like paintballing, inflatable courses, or climbing. What do these waivers mean if you end up getting injured?

If you do get hurt after signing a waiver of liability, it is important not to assume that legal action is off the table. While many people believe that signing a waiver eliminates their ability to pursue legal action, that is not always the case.

This blog discusses the factors courts will consider when evaluating  a waiver of liability, specifically by focusing on the case of Urbanson v Western Canadian Place Ltd, 2016 ABQB 32 (Urbanson). Furthermore, this blog will highlight the practical steps to take if you are injured after signing a waiver of liability.

Key Factors Courts Consider When Evaluating Waivers of Liability and Injuries: The Urbanson Case

In the Urbanson case, the plaintiff was injured while using a malfunctioning treadmill at a fitness center operated by the defendants. Prior to joining the fitness center, the plaintiff had signed a waiver agreement with the defendants. Despite the waiver, the plaintiff proceeded to initiate a lawsuit against the fitness center and other parties, seeking damages for her injuries.

The main issues the Court needed to determine were:

• whether the waiver covered the plaintiff’s injury, and
• if any aspect of how the waiver was signed prevented the defendants from using it as a defense.

In analyzing the applicability of the waiver, the factors the Court considered were the waiver’s wording, how it was presented to the plaintiff, the plaintiff’s background, and the nature of the gym activity. The Court found that the waiver broadly protected the defendants from injury or negligence claims, likely covering the plaintiff’s claim. Additionally, the Court assessed whether the defendants took reasonable steps to ensure the plaintiff understood the waiver, given her background as a sophisticated paralegal and the moderate risk associated with the gym activity.

To establish whether the waiver was effectively communicated to the plaintiff, the Court noted that the gym followed a standard procedure by providing a facility tour, a bundle of documents with the waiver on a separate page, and offering to answer questions. The waiver itself featured clear formatting, which included bold headings and instructions to read carefully. Furthermore, there was no evidence that the plaintiff was rushed or pressured to sign the waiver.

Given the above, the Court concluded that the gym had sufficiently brought the waiver to the plaintiff’s attention, leading to the dismissal of the plaintiff’s claim.

Understanding the Urbanson Case: Implications for Your Legal Rights

Waivers are intended to protect businesses by clearly outlining the risks participants agree to assume. However, they do not preclude all lawsuits, particularly in instances of serious negligence, intentional harm, or waivers that are improperly or poorly drafted or presented to the signing party. Courts will examine the language of the relevant waiver of liability and the way it was presented, considering the participant’s background and the nature of the activity involved.

In this case, the defendants effectively ensured that the waiver was clear and understood by the plaintiff, which contributed to their successful defense. However, just because a party signs a waiver does not mean they have automatically waived all their legal rights.

Practical Steps to Take if You’re Injured After Signing a Waiver

If you are injured after signing a waiver of liability, it is crucial to take immediate steps to protect your health and legal rights. Some steps to take include getting medical attention promptly, even for minor injuries, to ensure your health and create an official record. It is also important to retain all medical documents, such as hospital records and doctor’s notes, as they can illustrate the severity of your injuries. Additionally, gather details about the injury, such as photos, witness statements, contact details, and a copy of the signed waiver of liability.

While you can manage some aspects independently regarding a Waiver-related injury, consulting a personal injury lawyer can offer valuable guidance and help you understand your options for seeking compensation. For more reasons to consider hiring a personal injury lawyer in Alberta, check out our blog for additional insights by clicking here.

How KMSC Can Help you

If you’ve been injured after signing a waiver of liability, don’t assume you’re out of options. Every case depends on the wording of the waiver, how it was presented, and the circumstances of your injury. At KMSC Law, our Injury Law Team has the experience to evaluate your situation and protect your rights. Contact us today for a free consultation and learn how we can help you pursue the compensation you deserve.