At some point you’ve probably signed one. That official looking document with the small words that you need to sign before you can play softball, go whitewater rafting, or jump out an airplane. These waivers are supposed to protect recreational businesses in the event that you are injured or harmed while performing these activities. But are you really “signing your life away” when doing this?

In Colorado, courts have held that agreements to waive another’s negligent actions are disfavored. There are several public policy reasons for this. First, the consumer is assuming that the waiver only covers accidents, not negligent conduct by the operator. Second, the person signing the waiver is not in a position to negotiate. They can either sign the waiver or go home.

Colorado courts use a 3 part test to determine if a waiver is valid.

  1. Does it involve a person or activity that is prohibited from waiving liability? Minor children cannot sign waivers; common carriers like buses, trains and airplanes cannot waive liability; and conduct that is intentional, deliberate, and voluntary harmful cannot be waived.
  2. Does the waiver meet the 4 requirements set forth in Jones v. Dressel? In order for a waiver to avoid being invalid, all 4 requirements must be met. The four requirements the Court set out in Dressel are: (1) there is no existing duty to the public; (2) the service or activity to be performed is not essential; (3) the contract was entered into fairly; (4) the contract was not ambiguous.
  3. Is the contract valid? Waivers are essentially contracts, so all of the elements of a contract must be there. That means the person must be eligible to enter into a contract; the person signing the waiver must be getting something in return; and there is “meeting of the minds” where both parties knew what they were bargaining for.

There’s a lot of adventure to be had in Colorado, but if you’re injured by the negligence of someone else, don’t assume you’ve already signed your rights away. Contact the attorneys atBell & Pollock P.C. for a free consultation.

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Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

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Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along