14. April 2021
If you resign from liability before doing a potentially dangerous activity, you may be wondering, „Can I waive my right to sue?“ or „Will non-responsibility be brought to justice?“ Withdrawal clauses before violations are an attempt to cause you to lose your legal right to action in the event of a violation. In Virginia, the answer to the validity and application of these unloaded clauses is generally a resounding „NO.“ While there are important exceptions (your personal injury lawyer in Virginia can help you explain them), the waiver of liability in Virginia is generally unenforceable. Therefore, even if you signed an exit clause prior to the violation and have been seriously injured during an activity, you can keep an assault lawyer in Virginia and claim damages. Are the penalties for non-responsibility therefore meaningless? Not necessarily. The Virginia Supreme Court upheld agreements requiring a participant to compensate (i.e., reimburse) the program, activity or event provider if the participant causes his or her own injury or if the participant violates someone else.  In these cases, where the supplier is sued for personal injury caused by the participant, the court could order the participant to reimburse the supplier`s legal costs and costs. In Virginia, the compensation provisions are a possible restriction on the blanket prohibition enforcement of non-responsibility. Compensation provisions are agreements between parties who share responsibility between them. Unlike declarations of non-responsibility, compensation provisions do not prevent victims from suing for damages as a result of catastrophic bodily harm. However, compensation clauses can sometimes require the victim to compensate the wrongdoer for the costs of the damages action – which does not distinguish the end result of a compensation clause from a waiver of liability. A qualified personal injury lawyer in Virginia can analyze contracts, case law and other applicable rules to determine if your legal rights are affected by the waiver from the compensation clause.
 Hiett v. Lake Barcroft Community Ass`n, 244 Va. 191, 194-195, 418 S.E.2d 894, 895-896 (1992) (referring to Johnsones Adm`x v. Richmond and Danville R.R. Co., 86 va. 975, 978, 11 P.E. 829, 830 (1890) („[T]o) assert that it was the responsibility of one party to prohibit other parties from its own fault . . . . can never be made legal where an informed judicial system predominates. Public order prohibits it and contracts contrary to public order are null and void. Any provision contained in a contract to build, modify, repair or maintain a building, structure or related authorization, including relocation, demolition and excavation, including a contract for the construction of projects other than buildings by which the contractor performing such work purports to compensate another contracting party of the contract or to keep it unscathed.
, liability for damages resulting from the violation of the body in front of persons or the performance of the contract resulting from the negligence of another party or its representatives or collaborators, is contrary to public policy and is not applicable.