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  5. Are Waivers of Liability Enforceable in Indiana Courts?

Are Waivers of Liability Enforceable in Indiana Courts?

Parr Richey Frandsen Patterson Kruse LLP | Jun 19, 2019 | Premises Liability |

A waiver of liability, also called a liability release waiver, is a legal document that purports to release a party of liability in the event another party is injured. Waivers of liability are very common in Indiana, and whether most people realize it, chances are they have signed one at some point.

Companies use release waivers to limit or eliminate any legal exposure through an Indiana personal injury lawsuit. Common situations where release waivers are used include:

  • Sending a child on a field trip;
  • Participating in a sports league;
  • Using gym equipment;
  • Visiting an amusement park; and
  • Engaging in pay-to-play activities, such as whitewater rafting, horseback riding, skiing, and snowboarding.

Release waivers can be very difficult to locate, and are often found on the back of a ticket or in the fine print of a contract. They also tend to be challenging to understand, making it unclear what rights are being given up by signing them. Further complicating the issue is the fact that, in some cases, a release waiver does not need to be signed to be effective. A recent case illustrates an example where a plaintiff was prevented from pursuing a personal injury lawsuit based on a release waiver.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured after colliding with unmarked snow making equipment while skiing at the defendant resort. The plaintiff filed a personal injury lawsuit against the resort. However, the court dismissed the plaintiff’s claim based on the liability release printed on the back of the plaintiff’s lift ticket, which displayed a red stop sign and stated: “YOU ARE RELEASING THIS SKI AREA FROM LIABILITY.”

The plaintiff appealed, arguing that he never read or signed the release, and did not intend to give up his right to pursue a claim against the resort. The court rejected the plaintiff’s claim, explaining that so long as the language of the release is “sufficiently conspicuous,” it was not important whether the plaintiff actually read and understood the release. To the court, the fact that the release was included on the back of the ticket and the plaintiff used the ticket without reading or objecting to the language of the release was sufficient to establish a valid release of liability. Thus, the appellate court affirmed the denial of the plaintiff’s case.

Have You Been Injured in an Indiana Accident?

If you or a loved one has recently been injured in an Indiana accident, the dedicated injury lawyers at the law firm of Parr Richey Frandsen Patterson Kruse can help. At our Indiana personal injury law firm, we have over 40 years of experience assisting injury victims and their family members pursue claims for compensation based on the serious injuries they have sustained. We handle Indiana premises liability cases, car accident claims, and all other types of personal injury cases. To learn more about our firm, and how we can help you seek justice for what you have been put through, call 888-532-7766 to schedule a free consultation today.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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