{"id":9460,"date":"2025-12-05T06:30:00","date_gmt":"2025-12-05T14:30:00","guid":{"rendered":"https:\/\/www.businessinsuranceusa.com\/news\/?p=9460"},"modified":"2026-03-18T13:51:18","modified_gmt":"2026-03-18T20:51:18","slug":"can-a-contractor-be-sued-even-with-a-waiver","status":"publish","type":"post","link":"https:\/\/www.businessinsuranceusa.com\/blog\/insurance\/can-a-contractor-be-sued-even-with-a-waiver\/","title":{"rendered":"Can You Be Sued If the Client Signed a Waiver?"},"content":{"rendered":"\n

<\/path><\/svg><\/span><\/span>Estimated reading time: <\/span>4<\/span> minutes<\/span><\/p>\n\n\n\n

You may have a waiver that you use routinely in your business. Maybe you don\u2019t use one in your business, but you\u2019ve signed one before. <\/p>\n\n\n\n

Think about the times you paid to do dangerous activities. Like trampoline parks, amusement parks, and the like. You probably recall being asked to sign a waiver.<\/p>\n\n\n\n

Waivers are commonly used. But they are only effective in certain situations. Sometimes, even when your client signs a waiver, you can be susceptible to legal problems.<\/p>\n\n\n\n

What\u2019s a Waiver?<\/h2>\n\n\n\n

A waiver is a release from liability. The person who signs it is essentially giving up their right to take legal action for certain risks.<\/p>\n\n\n\n

Sounds great in theory, but it\u2019s not a catch-all. But why not?<\/p>\n\n\n\n

Can Negligence Be Waived?<\/h2>\n\n\n\n

In many states, a waiver may limit claims for ordinary negligence if it\u2019s clear, conspicuous, and not against public policy\u2014but courts closely scrutinize these clauses, and waivers typically cannot excuse gross negligence, recklessness, or intentional misconduct. Because rules vary by state and situation, have your waiver reviewed by a qualified attorney in the state where you operate.<\/p>\n\n\n\n

Negligence generally involves:<\/p>\n\n\n\n