In Arizona, signing a waiver does not necessarily prevent you from pursuing legal action if you’re injured. While waivers are generally enforceable, they have limitations, especially when negligence or misconduct is involved. Understanding your rights is crucial to ensure you receive the compensation you deserve.
A notable case highlighting the limitations of waivers occurred in Phoenix. In 2023, the Arizona Court of Appeals addressed the case of Sanchez v. Maricopa County. The plaintiffs filed a lawsuit against Maricopa County for injuries sustained in a car accident involving a county deputy. Despite any waivers or disclaimers, the court allowed the lawsuit to proceed, emphasizing that waivers do not absolve entities from liability in cases of negligence or misconduct. This case underscores the importance of evaluating the circumstances surrounding an injury, regardless of any signed waivers.
Under Arizona law, waivers are enforceable but not absolute. According to A.R.S. § 12-542, individuals have the right to file a personal injury lawsuit within two years of the injury date. This statute of limitations applies even if a waiver was signed, particularly if the injury resulted from another party’s negligence. It’s essential to understand that waivers cannot shield parties from liability for gross negligence or intentional harm.
If you’ve signed a waiver and subsequently suffered an injury, it’s important to consult with experienced legal professionals to assess your case. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for your rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure here.
For more information on our services, visit our personal injury attorneys page. To understand why injured Arizonans choose us, see why injured Arizonans choose us. To read about our past successes, check out our past case results.
Don’t let a waiver deter you from seeking the compensation you deserve. Contact Hirsch Talcott at 602-903-6000 for a free consultation and let us help you navigate your legal options.
