Earlier last year, a New York woman was taking a Segway tour of the National Mall when she sustained a nasty fall, shattering her elbow and requiring her to spend three days at George Washington University Hospital. According to one local news report, the accident occurred last fall while the rider was taking a tour with Bike & Roll D.C.
Evidently, the woman was riding her Segway when suddenly the handlebar jerked forward “like a propeller,” and the woman was thrown from the Segway, landing on her elbow, which was shattered as a result. Recently, the woman decided to file suit against Bike & Roll D.C., alleging that it did not adequately inform her of the risks involved with the use of a Segway.
Apparently, several Segway models had been recalled, but the woman was not made aware of this. Additionally, she is having a difficult time determining if she was riding a model that was recalled, since Bike & Roll is not answering her requests for the answer. She is seeking monetary damages around $5 million for her injuries, including medical expenses as well as pain and suffering.
In an early response to the lawsuit, Bike & Roll is asking the judge to dismiss the lawsuit because it had the woman sign a waiver, releasing the company from any liability. However, the woman’s attorney told reporters that he does not believe that she signed such a waiver.
Negligence Claims and Liability Waivers
Chances are if you have ever gone on any tour, or done anything involving another’s equipment, you needed to sign a liability release waiver. These waivers are used by the company presenting them to limit its own liability, should something go wrong during the activity or service it is providing.
The problem with liability waivers is that they often encompass more than they are legally able to. In other words, often companies will try and include language that limits all of their liability, including liability for accidents caused by an employee’s own negligent or reckless acts. In some cases, courts have invalidated liability release waivers for attempting to disclaim liability beyond the scope of what the law allows.
Other times, a company may forget to have a customer sign a liability release waiver, although it is its usual practice to do so. In these cases, the customer has not waived any of his or her rights.
Have You Been Injured in a DC Accident?
If you or a loved one has recently been involved in a Washington DC accident, you may be entitled to monetary damages to help compensate you for your injuries or loss. However, there are many issues that may arise, potentially thwarting an otherwise viable claim, such as the presence of a liability waiver. In these cases, it is best to have an experienced personal injury attorney on your side to help you navigate the potentially complex and high-stakes litigation. Call 410-654-3600 to set up a free initial consultation with an attorney today.
More Blog Posts:
Peanut Plant Responsible for Multiple Deaths Due to Salmonella Contamination, Washington DC Injury Lawyer Blog, October 9, 2014
New Report Finds over 60 Virginia Children Have Died in Daycare Facilities Since 2004, Lack of Oversight Blamed, Washington DC Injury Lawyer Blog, September 4, 2014
Misplaced Construction Sign Results in $100,000 Settlement with St. Louis County, Washington DC Injury Lawyer Blog, August 21, 2014