Rock climbing is normally considered an ultra-hazardous activity. An ultra-hazardous activity so inherently dangerous the person performing the act can be held liable for injuries caused to someone else. It does not matter if the individual or company took steps to try to prevent the injury from occurring.
Can I Sue a Rock Climbing Company for an Injury?
The answer is generally no, with a few exceptions. The majority of rock climbing organizations require climbers to sign a release of liability form prior to participating in the activity. A release of liability form requires the signer to give up all rights to hold the company or person liable. In other words, the signer cannot sue if something goes wrong during the rock climbing activity.
You also need to think about what might have caused the injury. If it was due to a malfunction or failure of the climbing gear, then the blame may sift from the facility to the equipment’s manufacturer.
Can I Sue the Rock Climbing Company for Negligence?
This is one of the exceptions to the rule. An individual may be able to sue for negligence if injured, even if they signed a release form. For instance, if the company was negligent in how they instructed a rock climber to use their equipment, the rock climber could sue them for negligence.
What If I Did Not Understand the Release Form?
A release of liability may not be valid if the form contained wording that was too confusing and complicated for the signer to understand. To waive the right to sue, an individual must understand the inherent risks involved in the activity. If that does not occur because the signer did not understand the waiver at all, they may be able to sue since they did not knowingly release the rock climbing company from liability.
The release form should include all the possible risks and dangers that could occur if a person rock climbs. If an individual is not warned of a specific risk or danger, they may sue under the negligence theory.
Should I Contact a Lawyer about My Rock Climbing Injury?
If you have been injured while rock climbing, contact a personal injury lawyer. The lawyer will look at the facts of your case and determine whether you can sue and who you should sue. They will also file a lawsuit on your behalf to recover damages for your injuries.