Are Liability Waivers Enforceable in Nevada?

Posted on August 30, 2021

Nearly every recreational activity offered today requires participants to sign a liability waiver. They are legally enforceable contracts in Nevada, which waive your rights to sue an individual or organization for injuries or losses you sustain, even if your injury or loss was due to their negligence. Liability waivers have become so commonplace to the point that people don’t think twice about signing them.

Are Liability Waivers Enforceable in Nevada?

Types of Activities that Require a Liability Waiver

The most common activities that require a participant to sign or agree to a waiver of liability include:

  • Bungee jumping
  • Skydiving
  • Snowboarding and skiing
  • Boat rentals
  • Amusement parks
  • Cruise ships
  • Gyms
  • Equipment rentals
  • Vehicle rentals
  • Spa treatments
  • Non-emergency medical care
  • Major sporting events
  • Concerts
  • Hunting tours
  • Unguided tours

Do I Have To Sign a Liability Waiver?

If you wish to do a particular activity that requires a liability waiver, then yes, you must sign one, or you will not be allowed to participate. Ultimately, the choice remains yours. Be sure to read and understand the exact terms of the release before signing. That way, you know exactly what rights you are giving up, which is typically the right to damages (compensation for losses) if you get injured.

Are Liability Waivers Always Enforceable?

The courts have held varied decisions on liability waiver enforceability over the years; however, as the law currently stands, liability waivers are largely upheld in Nevada. Unless the waiver of liability:

  • Has unclear language and cannot be easily understood by the average person
  • Has terms hidden in the fine print
  • The important provisions are not obvious
  • Excuses more than ordinary negligence (cannot protect gross or reckless negligence)
  • Affects a minor child (parents cannot sign their child’s rights away)

If any of these factors are present, a liability waiver may be deemed invalid.

Ordinary Negligence vs. Gross Negligence

A liability waiver can protect a party from injuries and losses resulting from ordinary negligence, but not gross negligence or reckless conduct.

Ordinary Negligence

Ordinary negligence refers to the risks or unsafe conditions that can arise even when a property owner or company attempts to properly maintain the premises and equipment to keep them reasonably safe for visitors. Examples of ordinary negligence are poor advice, improper maintenance, or broken equipment, all of which could be unintentional.

Gross Negligence

Incidents caused by gross negligence may invalidate a liability waiver and allow you to still sue. Gross negligence refers to the willful disregard for the safety of participants or customers. An example of grossly negligent conduct is a trampoline park failing to warn visitors of an entire section of a trampoline that is under construction. Their failure to warn puts visitors in immediate danger and can rise to the level of gross negligence.

What to Do if You Signed a Liability Waiver and Suffered an Injury

If you have suffered an injury but signed a liability waiver, your best option is to speak to a Las Vegas personal injury lawyer. Due to their thorough understanding of liability waivers and when they are enforceable, an attorney can evaluate your case and advise you of your options for obtaining compensation.