Partner at AKD Lawyers
Practice Areas: Personal Injury
When you attend an event, sign up for a gym, or rent equipment, you’re often asked to sign a liability waiver. These waivers are meant to protect businesses from lawsuits if you get injured. But what happens when something goes wrong? Do these waivers actually hold up in court? If you’re in Louisiana, the answer is different from most other states.
Louisiana has strict laws about liability waivers, making them largely unenforceable when it comes to personal injuries. If you’ve been injured after signing one, you may still have legal options. Let’s break it down.
What is a Liability Waiver?
A liability waiver is a legal document that states you won’t hold a business or organization responsible for injuries or damages that might occur. These waivers are commonly used in high-risk activities like sports, fitness centers, adventure parks, and recreational rentals.
Businesses require you to sign them to reduce their legal responsibility. But does signing one mean you lose your right to seek compensation if you get hurt? In Louisiana, the answer is often no.
Common Situations Where Liability Waivers Are Used
- Gyms and Fitness Centers: Before using equipment or joining a fitness class, you often have to sign a waiver stating that the facility isn’t responsible for injuries.
- Adventure and Sports Activities: Skydiving, zip-lining, and skiing businesses usually require waivers before you participate.
- Event Participation: If you join a charity run, marathon, or sports league, you’ll likely sign a waiver acknowledging the risks.
- Equipment Rentals: Companies renting out bikes, boats, or jet skis require waivers to protect themselves from liability claims.
While these waivers are standard, their legal strength depends on state laws.
Are Liability Waivers Enforceable in Louisiana?
In most states, liability waivers are enforceable if they meet specific legal requirements. However, Louisiana is one of the few states where liability waivers for personal injuries are generally unenforceable.
Louisiana Civil Code Article 2004
The key law governing liability waivers in Louisiana is Article 2004 of the Louisiana Civil Code, which states:
“Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.”
This means businesses cannot legally avoid responsibility for injuries by having you sign a waiver. Even if you agree to the terms, the courts will not uphold a waiver that limits liability for personal injuries.
How Louisiana’s Law Compares to Other States
Most states allow businesses to use waivers, as long as they meet specific legal standards. However, Louisiana, Montana, and Virginia are the only states that do not enforce personal injury waivers at all.
| State | Are Personal Injury Waivers Enforceable? | Relevant Law |
| Louisiana | No (Not Enforceable) | Louisiana Civil Code Article 2004 |
| Montana | No (Not Enforceable) | Montana Code Ann. § 28-2-702 |
| Virginia | No (Not Enforceable) | Hiett v. Lake Barcroft Community Ass’n, 418 S.E.2d 894 (1992) |
| California | Yes, with limitations | Varies by case |
| New York | Yes, with limitations | N.Y. General Obligations Law § 5-326 |
If you were injured in a state like California or New York, a waiver could potentially prevent you from suing, depending on how it was written. But in Louisiana, courts will reject any attempt to use a waiver as a defense in a personal injury lawsuit.
Why Louisiana Doesn’t Enforce Liability Waivers
The reasoning behind Louisiana’s strict stance is based on public policy and consumer protection. The state believes that individuals should not be forced to waive their right to sue for negligence before an injury even happens.
Types of Negligence That Cannot Be Waived
Even if waivers were enforceable, they cannot protect businesses from gross negligence or intentional misconduct.
- Ordinary Negligence: Failure to take reasonable care, such as a gym not maintaining its equipment.
- Gross Negligence: Extreme carelessness, such as a skydiving company failing to check parachutes properly.
- Intentional Misconduct: Knowingly putting customers in danger.
Because liability waivers often try to cover all types of injuries, Louisiana courts reject them entirely.
What If You Signed a Liability Waiver and Got Injured?
Signing a waiver does not mean you lose your right to sue. If you’ve been injured due to a business’s negligence, you still have legal options.
Steps to Take After an Injury
- Seek medical attention immediately and keep records of your injuries.
- Gather evidence, such as photos, witness statements, or reports from the location.
- Do not assume the waiver is valid—contact a personal injury lawyer to evaluate your case.
- Check for gross negligence—if the business failed to take reasonable safety measures, you may have a stronger case.
How Courts Handle Liability Waivers in Louisiana
If a business tries to use a waiver as a defense in court, an experienced personal injury lawyer can argue:
- The waiver is not legally binding under Louisiana law.
- The business was grossly negligent, making the waiver invalid.
- The waiver is too broad or unfair, making it unenforceable.
In most cases, Louisiana courts will side with the injured party.
FAQs About Liability Waivers in Louisiana
Are liability waivers enforceable in Louisiana?
No. Under Louisiana Civil Code Article 2004, businesses cannot exclude or limit liability for personal injuries through a waiver. This means individuals who sign a waiver can still sue if they get injured.
Can a business use a waiver to protect itself from lawsuits?
While businesses may still use waivers, they do not hold up in Louisiana courts when it comes to personal injury claims. However, waivers for property damage may still be enforceable.
What if I signed a waiver and got injured?
Signing a waiver does not mean you lose your right to sue. Louisiana law ensures that injured individuals can still seek compensation, even if they agree to a waiver.
Are there any exceptions where waivers are enforceable?
Waivers may be enforceable for property damage or financial losses but not for personal injury. Additionally, businesses cannot waive responsibility for gross negligence or reckless misconduct.
How do Louisiana’s liability waiver laws compare to those of other states?
Unlike most states, Louisiana does not allow businesses to avoid personal injury liability through waivers. Montana and Virginia are the only other states with similar laws.
Conclusion: Know Your Rights Before Signing a Liability Waiver
If you live in Louisiana, liability waivers do not prevent you from seeking compensation for personal injuries. The state’s strict laws ensure that businesses remain responsible for providing safe environments, no matter what documents they ask you to sign.
If you’ve been injured after signing a waiver, don’t assume you have no legal options. Consult an experienced Louisiana personal injury lawyer to understand your rights and pursue the compensation you deserve.
If you have been injured and want to understand your legal options, contact our firm today for a free consultation. Our experienced attorneys can help you navigate Louisiana’s personal injury laws and fight for your rights.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
