Getting hurt in an accident is hard enough on its own, but when the business that’s responsible tries to get around responsibility, it makes things even tougher. One way this happens is through hold harmless agreements. Our team can explain your options and guide you through the claims process. Set up a free consultation today.
Does a Hold Harmless Agreement Take Away My Legal Options?
A hold harmless agreement is another name for a “liability waiver.” Its purpose is pretty simple: remove the legal responsibility of the business for any accidents and injuries. Typically, you’re asked to sign one of these agreements before you access the business or service.
Think about a cruise. Before you can fully book your ticket, the cruise line is probably going to ask that you sign a hold harmless agreement. And while these agreements are largely enforceable, they’re not limitless. It doesn’t protect the business from liability for things like:
- Unsafe conditions that weren’t disclosed or fixed
- Equipment that was poorly maintained or clearly defective
- Staff who weren’t properly trained or weren’t paying attention
- Cutting corners on safety protocols
- Pushing you into something riskier than what you agreed to
In other words, the agreement generally covers known risks of an activity—not careless behavior that makes those risks worse. That means, even if you sign a hold harmless agreement, you still have legal options.
What Damages Can I Get in an Injury Claim?
Even with a signed hold harmless agreement, you can still file an injury claim and recover damages. The starting point is figuring out who’s actually responsible for your specific accident and injuries.
To do that, you have to show negligence. That just means the business (or someone associated with it) didn’t take the necessary steps to keep you safe. That could be a store that didn’t fix a broken floor tile that was reported or something similar.
From there, it’s about the process. To actually get damages, you’ll need to either:
- File an insurance claim outside of court.
- File a personal injury lawsuit in court.
With a claim filed, the focus shifts to your “damages.” This is just the legal term for what you’ve lost. So, your damages include financial support for things like:
- Medical bills (both current and ongoing)
- Lost income if you missed work
- Reduced ability to earn moving forward
- Physical pain and day-to-day discomfort
- Emotional strain from the experience
- Long-term impacts like disability or visible injuries
- Loss of enjoyment of activities you used to do
- In more serious cases, families may also have the option to file a wrongful death claim.
Signing a hold harmless agreement doesn’t mean you agreed to be put in harm’s way due to someone else’s carelessness. It means you accepted the normal risks of the activity—not avoidable mistakes. And yes, it can complicate things (particularly with the timeline.)
Generally, you only have two years from the date of the injury to file a claim. Some hold harmless agreements can speed that timeline up, but two years is the law. With that said, though, it’s better to act sooner rather than later to make sure you don’t miss out on damages.
Maison Law Can Help You Explore Your Options After an Injury in California
Injury situations where there’s a hold harmless agreement can get confusing fast—especially when a company or business makes you sign one. But the key thing for you to remember is that it doesn’t take away your options when you were injured because of their negligence.
But to fully hold them accountable, you need to explore your legal options. That can be challenging, but you don’t have to face it alone. Our California personal injury lawyers at Maison Law will be there to help you by:
- Explaining how a hold harmless agreement applies to your situation.
- Gathering important evidence to help your claim.
- Handling all the talks with the business and its insurance companies.
- Guiding you through an insurance claim or lawsuit.
If you’ve been injured in an accident in California and there’s a hold harmless agreement in place, don’t hesitate. Set up a free consultation today to protect your legal options.
