Legal Question in Personal Injury in Texas

If I sign a Personal waiver in the state of Texas to a corporation, is it binding by Texas Law? That is to say, if I sign a waiver that a company/corporation is not liable for injury, will this hold up in a court of law in the State of Texas?

Asked on 2/17/13, 4:48 pm

2 Answers from Attorneys

It really depends upon the circumstances. General rule, if it is a post-injury waiver and there is valid consideration given, it will be upheld. If it is a pre-injury waiver, there are a number of factors. Pre-injury waivers for gross negligence have to meet a conspicuousness requirement. (The language can't be buried in the document where it is hard to find.) For regular negligence, you have to look at not only consideration, but also the circumstances.

I wrote an entire article on the law regarding pre-injury waivers in Texas signed as part of an employment contract which you can read here:

employer liability waiver.

Hope this information helps.

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Answered on 2/17/13, 5:10 pm

here the link:

http://www.simmonsandfletcher.com/blog/work-injury/enforceability-of-an-employees-pre-injury-waiver-of-his-right-to-sue-the-employers-clients/

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Answered on 2/17/13, 5:15 pm


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