Schedule Your Free Consultation:

Are liability waivers enforceable in Missouri?

Kansas City offers plenty of activities for you and your family to enjoy during the summer months. There may be times, however, when your participation in such activities is contingent on you signing a liability waiver. Such waivers are meant to signify that you understand that there might be inherent risks associated with a certain activity or entering on to a property, and by signing it, you agree to absolve the property owner of liability for any accidents that may occur. While you may agree that a property owner should be held liable for any injuries resulting from your own carelessness, you might also assume that a liability waiver does not extend to cases of obvious negligence. 

That may not always be the case. Liability waivers must be detailed in their descriptions in order to be enforceable. They cannot simply claim to protect a property owner of liability in any situation. However, those details that they do address may indeed protect property owners even in cases where their own negligence may have contributed to an accident. 

A 2013 state appellate court ruling cited a Missouri Supreme Court decision that detailed how the state does not recognize degrees of negligence. This means that even claims of gross negligence (a conscious act of neglect or blatant omission of duty that demonstrates a disregard for the safety of others) might not overcome the protections afforded by a liability waiver. What this means is that in instances specifically addressed by a liability waiver, you may have difficulty assigning blame to a property owner. Cases of negligence not directly addressed in a waiver, however, may leave said property owner open to liability claims. 

No Comments

Leave a comment
Comment Information
  • The Missouri Bar
  • Best of the bar
  • Super Lawyers Lucy Mcshane
  • Association for Women Lawyers of Greater Kansan City
  • Super Lawyers Maureen Brady
  • Avvo
  • Mata

Want To Learn If You Have A Case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response

Helping Clients Throughout The Kansas City Metro Area

McShane & Brady, LLC
1656 Washington St
Suite 120
Kansas City, MO 64108

Phone: 816-569-9772
Fax: 816-332-6295
Map & Directions