Deconstructing High-Risk Outdoor Activity Indemnity Forms

Those of us who enjoy the great outdoors and regularly engage in what most people would classify as high-risk activities probably don’t think twice about signing indemnity forms anymore, accepting them as just part and parcel of the high-octane lives we choose to lead. Injury is common, which is why most sensible thrill-seekers at least buy a tourniquet kit and keep it in their car on in their bag for emergencies. It is important that you read and understand the indemnity form you’re made to sign however, particularly with regards to its implications should something go wrong, heaven forbid!

For the most part if you sign on that dotted line which is usually found at the bottom of the indemnity form you’re presented with before engaging in high-risk activities such as bungee-jumping and the likes, you do indeed indemnify the organisers of the activity from liability which you could otherwise claim from them should you get injured or something of that sort happen. It’s not as simple as that however and it doesn’t mean you have no legal recourse at all.

Think about it this way: if I drew up a contract and had you sign that contract to indicate your consent to the stipulated terms and conditions, that contract is indeed legally binding, but only as far as the contents in that contract are set out within the parameters of the common law. In other words if I drew up a contract that says that you basically give me the right to kill you, the fact that you signed that contract to indicate your consent would still not allow me to kill you because killing someone is against the common law.

I know that’s perhaps an extreme example I went with, but that’s only so that I can really drive the point home.

So what this means really is that even if you do sign an indemnity form, should something happen, the signed indemnity form should not have you writing the situation off as an open-and-shut “non-case” and simply leaving it at that. You should definitely pursue some legal action, which in some cases may just be the only avenue through which to get some sort of compensation.

Negligence, for instance, can occur when proper safety measures, such as adequate signage, maintenance of trails or equipment, and employee training, are neglected. Slip and fall accidents are a common consequence of such negligence, resulting in severe injuries and potential legal disputes. In cases where negligence is suspected, seeking legal counsel from experienced trial attorneys, such as Schuerger Shunnarah Trial Attorneys, can provide essential guidance in pursuing claims for compensation and ensuring accountability.

The fact that you might have been injured while engaged in an outdoor activity still doesn’t make your situation of perhaps not being able to work and earn money any better, so you have quite a lot to salvage in pursuing some legal action, and you have nothing more to lose. If your injury has meant that you have to now rely on medication to get you through each day, whether that is prescribed by your doctor or through websites similar to, for example, then you need to make that known to show them how much your life has been altered by this injury.

What should give you even more incentive to pursue some legal action for some possible compensation is the fact that you can do so at no upfront cost. You’d just have to make the right choice in picking out a personal injury attorney, with some of these personal injury lawyers specialising in such cases and therefore making provision for benefits such as coming to you instead of you having to go to them for a consultation, in addition to not charging upfront fees and only charging you a fixed, pre-set percentage fee on the compensation you get if your case is won.

So by no means should any indemnity you might have signed put you off from seeking compensation.

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