Personal injury litigation is a massive aspect of the United States legal system. However, sometimes a party may not be able to bring forth a lawsuit to recover damages. In certain cases, this is because they waived their right to sue under an exculpatory clause.
Even if an exculpatory clause appears proper on its face, it does not mean that plaintiffs have no recourse. It is possible to challenge exculpatory clauses effectively so that plaintiffs gain back their opportunity to sue.
In this white paper, we discuss:
- The most common types of exculpatory clauses
- How different states and jurisdictions enforce exculpatory clauses
- How exculpatory clauses may be challenged in litigation