Signed Releases From Liability Don't Always Matter
As a Delaware trial lawyer, I was recently called by an injured client who wanted to know whether she could file a lawsuit even though she had signed a release of liability. In her case, the answer was “yes.” A good example of this is a recent trial in Texas where a jury awarded $11.4 million to a boy who was seriously injured at a Texas Motor Speedway, a paved 1/5 -mile track designed for amateur adults and children as young as 8. The accident happened when another boy drove across the lot to enter the track, lost control of the car, narrowly missed a trailer and several parked cars and then slammed into the injured child as his parents, brother, and others watched. driving. He suffered a traumatic brain injury that’s so severe he will never live independently and will need help with basic daily tasks such as bathing, dressing and eating.
The boy’s parents signed releases that spelled out the risks and barred them from filing a lawsuit. Even so, the jury found that the race track should be held accountable because it did not provide barricades, signs, a kill switch on the car, and proper instructions to prevent an accident. After the trial, the Speedway added safety precautions to avoid future problems.
The moral of the story is that if you’re injured after you signed a release, you should consult with a Delaware attorney before you decide that you don’t have a case.
