Does a Waiver Prevent Me From Suing After a Florida Golf Cart Crash?
If you signed a waiver prior to renting a golf cart in Florida, you might be wondering whether this will prevent you from suing after an accident. Are these liability waivers enforceable in court? Can you still pursue compensation for missed wages, emotional distress, and medical expenses? This is a relatively common question for those who visit Florida’s many popular golf courses.
Are Golf Cart Waivers Enforceable in Florida?
Golf cart waivers are not always enforceable in Florida. Their enforceability depends entirely on the specific circumstances of each accident. In addition, the waiver may have been poorly drafted – and even the most minor mistakes may make them powerless in court. Specifically, waivers must meet the following requirements for enforceability in Florida:
- Waivers must have clear wording
- Waivers must not have complex terminology
- Waivers must be “unequivocal” with no way to circumvent terms
- Waivers must be highly specific
- Waivers cannot be ambiguous
Waivers Are Often Upheld in Situations Involving Golf Carts
With that said, courts often side with golf cart owners and tournament organizers when it comes to the enforceability of waivers. In numerous past cases across North America, courts have upheld these agreements. For example, a Canadian man injured by a runaway golf cart in 2014 was unable to recover compensation because he signed a waiver that barred “claims of any nature that may arise from or through the use of a golf cart.” This wording was highly specific, clear, and lacked any complex terminology. Even though the accident involved a steep hill that had caused numerous past complaints, the court upheld the waiver.
More recently, a golf cart operator failed to recover compensation for a crash at the popular “Threetops” resort in Michigan. On March 15th of 2024, it was reported that courts had dismissed his claim. A three-judge panel pointed out that the man had been warned about steep hills at the golf course. In addition, they referenced a rental agreement that waived all liability for golf-cart-related incidents.
Although these rulings may seem discouraging for those who have been injured by golf carts after signing waivers, there is still hope. Work with a qualified, experienced golf cart accident lawyer, and you can challenge the validity of the waiver in question. This may allow you to recover compensation for your crash.
Find a Qualified, Experienced Golf Cart Accident Lawyer in the Villages
If you have experienced injuries after a golf cart accident in The Villages, consider discussing your situation further alongside a qualified, experienced golf cart accident lawyer. While an online article can provide excellent insights, some situations are so specific and unique that they require professional legal analysis. The potential existence of a waiver is only one such example, and you can discuss all of the various details of your case with a Florida golf cart injury lawyer at www.GolfCartAttorney.com the Law Offices of Frank D. Butler today. Reach out now to get started.
Source:
freep.com/story/news/local/michigan/2024/03/15/treetops-lawsuit-golfer-crashes-cart-hill/72984729007/
