{"id":749,"date":"2016-05-11T07:19:01","date_gmt":"2016-05-11T12:19:01","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=749"},"modified":"2018-04-12T12:40:30","modified_gmt":"2018-04-12T17:40:30","slug":"woman-injured-hot-air-balloon-standing-line-permitted-sue-despite-signed-waiver","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/woman-injured-hot-air-balloon-standing-line-permitted-sue-despite-signed-waiver\/","title":{"rendered":"Woman Injured by Hot Air Balloon While Standing in Line Permitted to Sue Despite Signed Waiver"},"content":{"rendered":"

Some activities are inherently risky, and often patrons are required to sign a waiver of liability before participating. However, the scope of the waiver may be limited by law, and specific portions could be found invalid by a court if they are challenged. In a recent case<\/a>, a woman sued a hot air ballooning company after being injured by a\u00a0balloon. She was waiting in line to ride in the hot air balloon when the balloon\u2019s basket struck and injured her. The woman sued the ballooning company for negligence. Originally, the court found that her claims were barred because she signed a waiver of liability before riding in the hot air balloon. However, on appeal, the state\u2019s supreme court held that the waiver of liability violated public policy and was unenforceable.<\/p>\n

The court stated that generally a waiver will be invalid if it contains misrepresentations, if it is too broad, or if it is ambiguous. In this case, the woman signed a waiver to ride the hot air balloon while she was waiting in line. The court found that the waiver the woman signed to go in the balloon was unenforceable because it was overly broad and all-inclusive.<\/p>\n

The waiver exempted the company from liability for \u201call risks of any and every kind\u201d arising from participation in hot air balloon activities with the company. The court noted that it was not clear whether or not the woman would have expected that risks resulting from standing in line would be covered by the waiver, particularly since\u00a0she did not have to return the waiver prior to getting in line. She also did not have an opportunity to bargain over or negotiate the terms contained in the waiver. For these reasons, the court found that the waiver was unenforceable.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Some activities are inherently risky, and often patrons are required to sign a waiver of liability before participating. However, the scope of the waiver may be limited by law, and specific portions could be found invalid by a court if they are challenged. In a recent case, a woman sued a hot air ballooning company […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[31],"tags":[],"class_list":["post-749","post","type-post","status-publish","format-standard","hentry","category-premises-liability"],"yoast_head":"\nWoman Injured by Hot Air Balloon While Standing in Line Permitted to Sue Despite Signed Waiver — Illinois Injury and Mass Tort Lawyer Blog — May 11, 2016<\/title>\n<meta name=\"description\" content=\"Some activities are inherently risky, and often patrons are required to sign a waiver of liability before participating. 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