Tour companies often require customers to sign a liability waiver before stepping foot onto a tour boat or bus or taking part in company-led activities. Some of these waivers are straightforward, while others are merely conditions included in the general terms of service.
If an injury or incident were to happen when you participate in an activity, the company may avoid taking responsibility. In many cases, the manager or representative will use your signed waiver as a way to deflect or deter you from taking legal action.
Company responsibility
Although a signed waiver attempts to protect a company from the liabilities associated with its operations, this does not absolve the company of its legal responsibilities for customer safety. The wording of a waiver can vary, but in essence, many of these forms ask an individual to accept personal responsibility for injuries that occur from normal or standard participation. However, this does not remove the company’s legal requirements to provide an environment where the equipment and activities are safe and free from errors.
Personal injury requirements
Faulty equipment or improper procedures because of employee actions or inactions fall under the responsibility of a reasonable expectation of a safe environment. The following safety issues could lead to personal injury claims:
- Failure to provide instructional demonstrations or videos before the activity
- Failure to routinely inspect and maintain the equipment
- Failure to have enough employees on hand to safely conduct the activity
If injuries occur while taking part in an activity, taking legal action and filing a personal injury claim is possible under certain conditions. Never let a signed waiver stand in the way of your legal right to compensation.