We’ve all been there. You’re standing at the counter of a trampoline park, a gym, or a ski rental shop in Utah, and they shove an iPad in your face. “Just sign this waiver here, and then we can get you started,” they say. You scribble your name without reading the fine print, eager to start your day of fun.
But then an accident happens. You get hurt because the business was negligent. Now you’re wondering: “Did I just sign away my rights to be compensated for my injuries?”
The short answer is: It depends.
In Utah, the law is quite specific about this. Here is a brief analysis of when that waiver holds up—and when it is invalid.
The Bad News: “Ordinary” Negligence is Usually Waived
If the business made a simple mistake—what the law calls ordinary negligence– that waiver you signed is likely going to be viable in court.
Utah courts may uphold liability waivers for ordinary negligence if the language is clear. This means if you slipped because an employee forgot to mop up a puddle 10 minutes ago, or if you tripped over a slightly loose mat at the gym, the waiver acts as a shield for the business if it is clearly informed that you were waiving a claim for negligence. By signing, you essentially agreed, “I understand there are risks, and I won’t sue you if a simple accident happens.”
The Good News: They Can’t Waive “Gross” Negligence
Here is the crucial exception that could save your case. In Utah, a business cannot use a waiver to protect itself from “gross negligence,” recklessness, or intentional acts.
If the business was extremely careless, showing a total lack of concern for your safety, the waiver is often worthless.
What’s the difference?
- Ordinary Negligence: The gym employee forgot to tighten a bolt on the machine during the weekly check. (Likely covered by the waiver).
- Gross Negligence: The gym manager knew the bolt was broken, had received three complaints about it, and still let people use the machine because they didn’t want to pay for repairs. (Likely NOT covered by the waiver)
Three Other Ways the Waiver Might Be Invalid
Even if it wasn’t “gross” negligence, the waiver itself might be flimsy. Utah judges look at these documents very strictly. The waiver might be thrown out if:
- It Was Ambiguous: If the waiver is written in confusing legal jargon that a normal person can’t understand, or if the print was microscopic and hidden, a court may refuse to enforce it. The language must be clear and specific about releasing them from liability for negligence.
- It Violates Public Interest: Some services are considered “essential” (like medical care or an apartment). These businesses usually cannot force you to sign a waiver. However, this rarely applies to recreational businesses like skydiving or rock climbing.
- You Signed for a Minor (With Exceptions): This is a tricky area in Utah. Generally, parents cannot sign away a minor child’s right to sue for negligence. However, the Utah legislature has passed specific laws allowing these waivers for certain activities, specifically equestrian (horse) activities and skiing. If your child was hurt at a trampoline park, the rules might be different than if they were hurt on a ski slope.
- The waiver may not cover other legal claims: The waiver may not waive other legal claims if the language in the release does not clearly waive such claims
The Bottom Line
If you were injured, do not assume the waiver blocks you from taking legal action.
Insurance adjusters will use the signed waiver to their advantage and deny any claims of injury. But if you can prove the business acted with gross negligence, or if the waiver was poorly written, that signature might become invalid.
Do You Have a Case? Get a Consultation.
Determining if a liability waiver is valid—or if a business acted with “gross negligence”—is legally complex. You shouldn’t have to fight insurance companies or big businesses alone.
Contact Attorney David Head. Whether you have been injured due to a business’s negligence or consumer rights violations, Attorney David Head can help. David has experience handling complex litigation, ranging from personal injury claims to consumer protection cases
Contact Information:
📞 801-691-7511