Posts tagged personal injury
Are Waivers of Liability for Activities Enforceable?

Nowadays it is common practice to be required to sign a waiver of liability prior to participation in various recreational activities. You may not even realize you sign one. If you sign up to go to a gym, to play paintball, recreational sports, go rock climbing, play laser tag or go on a tour, it is highly likely that box you check electronically or that document you quickly sign will have a clause that tries to get you to waive your rights to make a claim for damages or to sue if you are injured.

This is done with the intent to limit the legal exposure of the recreational facility related to any possible injuries suffered as a result of participation in these activities. However, we often get clients who are injured while engaging in these activities, and one of the first questions we get asked is whether the waiver they signed is enforceable. 

The good news is that we are able to advise our clients that in Louisiana, any waiver you sign in advance of an activity that purports to waive liability for physical injury is not enforceable. Specifically, Louisiana Civil Code article 2004 states that “any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.”

Therefore, if you sustain injuries through participation in recreational activities, you may still be able to bring a suit for your damages even if you signed a waiver. For example, if you are injured while climbing a rock wall as a result of improper instruction or supervision, the facility is still responsible for the negligence of its employees regardless of whether or not your signed a waiver.

 While these waivers do not affect your right to recover damages, the agreement can still be used as evidence that you had notice of the inherent dangers of the activity. This may be relevant to determine whether you have any responsibility for your injuries and may impact the amount of damages awarded, but does not absolve the company of liability for your injuries.

If you have been injured while engaging in paint ball, laser tag, at a gym, through recreational activities or sporting events, dance classes, or any other activity and have signed a waiver of liability, it is important to consult with an experienced Metairie personal injury attorney or a New Orleans personal injury attorney as soon as possible. Call us for a free consultation on your claim.


Amanda Morse is an associate at Kiefer & Kiefer.

 This is being provided for informational purposes only and not for the purpose of providing legal advice.

 

 

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Don't Let the Bed Bugs Bite.....get in touch with a new orleans bed bug attorney

Bed bugs are cringeworthy small insects that feed on the blood of warm-blooded animals.  They are called bedbugs because of their preferred habitat in human homes: Sofas, bed mattresses, clothing, and other soft furnishings.  They tend to feed on their hosts while they sleep with peak feeding time between midnight and 5 a.m.  hence the saying “good night, sleep tight, don’t let the bed bugs bite.”

Bed bug lawsuits typically arise in two instances: either our client contracts bed bugs while staying overnight - at a hotel or at a hospital, for example, or our client gets bed bugs in their own apartment due to a greater infestation in the apartment complex. 

While bed bugs do leave physical injuries - sometimes leaving hundreds of painful bites and permanent scarring on their victims, the mental effects of bed bugs can be severe.  Our clients have experienced stress, anxiety, lack of sleep, delusionary parasitosis (thinking that the bed bugs are still biting you) and even sustained depression as a result of bed bug exposure.  Additionally, if the bed bugs are in your home or apartment, you may face significant expenses trying to eliminate them, or through the loss of your property, because they can travel by crawling into other rooms or even traveling in suitcases or clothing. 

In some instances, depending on the severity of your exposure and the effects, you may be entitled to significant compensation.  In 2018, a California family was awarded $1.6 million in a bedbug lawsuit by a jury. In that case, an infant was permanently scarred by the bed bug bites sustained in their apartment.

What do you do if you suspect you have been attacked by bed bugs?

  1. Get medical attention.  This will help to reduce the risk of infection and help to reduce itchiness.

  2. Take photographs of the bites

  3. Search the area and take photographs of the bed bugs.

  4. If you are staying in a hotel or a hospital, contact the management to file a report

  5. If you are in your apartment, contact your apartment manager to write a report and to request elimination of the bed bugs.

  6. Do not bring your clothes or other items to your home if you have been staying in a hotel or elsewhere.  You may accidentally transport the bed bugs to your house

  7. Call us for a free consultation on how to proceed with any claims you may have.

If you suspect you contracted bed bugs in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury attorney or a New Orleans personal injury attorney as soon as possible. Call us for a free consultation on your claim.


Megan C. Kiefer is a partner at Kiefer & Kiefer. She is a personal injury lawyer who has handled many bed bug cases.

 This is being provided for informational purposes only and not for the purpose of providing legal advice.

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