What is the Effect of a Signed Waiver on My Las Vegas Personal Injury Case?

We have all experienced taking a trip or doing an activity, where you are required to sign a waiver before participating in the activity. Normally, we sign the waivers because we do not think anything bad will actually happen. But, what happens if you are injured in an activity after you sign a waiver? Whether the waiver will bar you from making a claim will depending on the unique facts of your case. It will be up to the judge in your case, to determine if you can present your personal injury case to a jury. 


Historically, in Nevada there first must have been voluntary exposure to the danger. Sierra Pacific v. Anderson, 77 Nev. 68, at 71-73, 358 P.2d 892, at 894 (1961). Second, there must have been actual knowledge of the risk assumed. The Nevada High Court previously stated that “A risk can be said to have been voluntarily assumed by a person only if it was known to him and he fully appreciated the danger.” Id., quoting Papagni v. Purdue, 74 Nev. 32, 35, 321 P.2d 252, 253 (1958). 

After the above case was handed down, the Nevada Legislature instituted what is called “comparative fault”. In comparative fault, if you are 51% or more at fault for your injuries, you cannot recover in a court of law. This law has somewhat changed the analysis of the effect of signed waivers on a case. 

Specifically, in Renaud v. 200 Convention Center Ltd., the Nevada Supreme Court determined an injured person who signed a waiver, was able to present their personal injury claim to a jury. 728 P.2d 445, 441, 102 Nev. 500, 506 (1986). This was after they signed a liability waiver and had later suffered an injury, in a free-fall simulator. The Court explained that because the injured party denied appreciation of the risks associated with the freefall simulator, a question of fact existed regarding whether she had actual knowledge of those risks. The Court went on to say that “Because actual knowledge of the risks assumed is an essential element of this defense, such a matter must be reserved for the fact finder.” Id. The Court further explained that it was necessary to evaluate all the circumstances as they existed at the time the release was obtained. Id. “Considerations should include, but are not limited to, the following: the nature and extent of the injuries, the haste or lack thereof with which the release was obtained, and the understandings and expectations of the parties at the time of signing.” 

Based upon Nevada law, whether you can make a claim for personal injury after signing a waiver, is determined on a case by case basis. You should contact your personal injury attorney immediately to discuss your case. Your personal injury attorney will delve into the facts of your case and go over your options with you.

Next time, we will discuss ‘spoliation’ of evidence in Las Vegas personal injury cases.