In many cases, you can still sue after signing a waiver in Arizona. A signed liability waiver doesn’t automatically end a personal injury claim. Arizona courts read waivers narrowly, and the Arizona Constitution leaves assumption of risk to a jury. Whether a waiver holds up depends on its exact wording and the circumstances behind it.
Around Tucson, people sign waivers for gym memberships and trampoline parks, and before a horseback ride or a ski day on Mount Lemmon. At Grabb & Durando, we review these agreements regularly, and they often leave more room for a claim than people expect.
What Is a Liability Waiver?
A liability waiver is an agreement in which a person gives up, or tries to limit, certain legal claims against a business or activity provider. It may also be called a release, a waiver of liability or a covenant not to sue.
The exact language matters. A form that simply says an activity has risks is different from one that clearly releases the business from claims based on its own negligence, such as unsafe conditions at a gym or recreation facility.
Does Signing a Waiver Mean You Can’t Sue in Arizona?
No. Arizona gives people more protection here than many states do. Article 18, Section 5 of the Arizona Constitution says assumption of risk is always a question of fact for the jury.
In Phelps v. Firebird Raceway, the Arizona Supreme Court held that this applies to express contractual assumption of risk too, which includes a signed waiver. In practice, a signed waiver often doesn’t end a case before a jury has a chance to weigh the facts.
When Will an Arizona Court Enforce a Liability Waiver?
Arizona courts recognize that people can sometimes contract away tort claims, but they look closely at these agreements. Courts may consider:
- What the waiver actually says
- Whether it clearly covers the risk or conduct that caused the injury
- Whether it expressly mentions the business’s own negligence
- Whether the parties actually agreed to it
- Whether the parties were on relatively equal footing
- Whether enforcing it would violate public policy
Because a waiver can eliminate someone’s right to compensation, courts tend to read these provisions strictly and against the business that wrote them.
Does the Wording of a Waiver Matter if You Want to Sue?
Yes, often more than anything else. In Sirek v. Fairfield Snowbowl, the Arizona Court of Appeals said that an agreement trying to release a party from its own negligence must say so in clear and unequivocal terms. The court declined to read the ski area’s release language as covering negligence.
So a waiver that only describes the ordinary risks of an activity may not protect a business from claims about its own carelessness. That’s why it’s important to keep the full document you signed. A lawyer needs the actual language, not a recollection of it.
Can You Sue If the Injury Falls Outside What the Waiver Covers?
Possibly. A waiver usually covers a specific activity or set of risks. If the injury came from something outside that scope, the waiver may not apply.
In Bothell v. Two Point Acres, an Arizona court looked at whether the injury happened during the activity the release covered or during a separate one. Simply pointing to a signed form didn’t settle the question. The facts of the accident still mattered.
What If You Didn’t Have a Real Choice About Signing?
The circumstances of signing can matter. Courts have looked at whether the parties actually bargained over the waiver and whether one side held all the leverage.
Most recreational businesses hand customers a standard form, often on a tablet at check-in. That alone doesn’t make a waiver invalid, but it’s part of the picture. If you felt rushed or never had a real chance to read the document, tell your attorney. Our post on your rights as a visitor covers what businesses owe the people on their property.
Do Other Arizona Laws Limit Liability for Recreational Activities?
Yes, separate from any waiver. Under A.R.S. § 33-1551, owners and certain other parties generally aren’t liable to recreational users unless their willful, malicious or grossly negligent conduct directly caused the injury.
This statute has an important limit. It defines a recreational user as someone who enters without paying an admission fee or other consideration. Most activities that require a signed waiver, like a paid climbing gym or a guided tour, involve payment, so this statute often won’t apply to them.
What Should You Do After an Accident at a Place Where You Signed a Waiver?
A few steps can protect a potential claim:
- Keep the full waiver. Ask for a complete copy, including every page and any terms you clicked through online.
- Write down what happened. Note the location, what you were doing and who was there while the details are fresh.
- Save evidence. Hold on to photos, video, receipts, messages and medical records.
- Follow your medical care plan. Keep records of appointments and expenses.
- Don’t assume the waiver ends things. A business or insurer may say it does, but that isn’t a legal ruling.
How Grabb & Durando Reviews Liability Waivers After a Tucson Injury
Grabb & Durando has served Tucson since 1994. When a waiver is part of the case, we look at what the document actually covers and whether it clearly addresses negligence. We also review how it was signed and whether the injury falls inside its scope. Then we explain plainly what that means for your options, without overpromising.
Frequently Asked Questions About Suing After Signing a Waiver in Arizona
Are liability waivers legally binding in Arizona?
Some are, but many are not enforced as written. Courts look at the wording, how the waiver was signed and public policy. Under the Arizona Constitution, assumption of risk is a question for the jury.
What if the waiver doesn’t mention negligence?
That can matter a great deal. Arizona courts have said that a release from a party’s own negligence must be stated clearly and unequivocally.
A business told me the waiver means I can’t sue. Is that true?
Not necessarily. That’s the business’s position, not a court ruling. Have the actual document reviewed before you drop a possible claim.
How long do I have to file an injury lawsuit in Arizona?
Arizona’s general deadline for personal injury lawsuits is two years under A.R.S. § 12-542. Some situations have exceptions or shorter deadlines, so check early.
Should I keep a copy of the waiver?
Yes. Keep the complete document and anything related to it. The exact wording is often the most important evidence in deciding whether the waiver applies.
Talk With a Tucson Personal Injury Lawyer About a Signed Waiver
If you signed a waiver and have questions about an accident afterward, call Grabb & Durando at (520) 222-2222. We’re available 24/7, or you can request a free consultation online. There are no fees unless we win, and Sí, Hablamos Español.
This post is for general information only and isn’t legal advice. Whether a waiver applies depends on its wording, the facts of the accident and applicable Arizona law.
