Isigned a liability release prior to my accident, can I still bring file a lawsuit?
Some states strictly enforce release agreements, also known as waivers; other states hold them void and unenforceable. Each state has its own rules. Even if an injured diver resides or was injured within a jurisdiction that enforces release agreements there may be several exceptions that apply to still allow the diver, or his surviving family, to file a lawsuit. For example, most states will not enforce a release agreement where it is shown that the negligent party acted in a willful or wanton manner or was grossly negligent. Releases involving minors are often unenforceable. There are many other exceptions that may apply. It is important to review the actual language of any agreement as well as the circumstances under which it was signed. Many divers have signed releases prior to their accident and have successfully pursued a claim. Determining whether a waiver is valid requires a learned legal review of the specific facts of the execution of the document and the circumstances of the
