DON’T SIGN WAIVER FOR FLU SHOT, GO TO CLINIC INSTEAD
Many businesses ask their customers to sign a waiver.The purpose is to prevent the customer from suing the business if the business injures them.There are some situations where this makes sense because there is an obvious risk that the customer, rather than the business, should be responsible for.A good example would be a trampoline gym. A waiver for that type of activity makes sense because the customer knows they are voluntarily taking a risk.
Unfortunately, businesses take advantage of liability waivers in many situations that are far less obvious. Our lawyers frequently get calls from people who are injured at a business after they sign a waiver. They want to know if they can still sue.It is important to be aware that a waiver of liability is enforceable in Minnesota. Often, if you sign a waiver you must live with it.There are a few situations where an accident injury attorney can get around a waiver, but it would always be better if the injured person did not sign the waiver to begin with.
WAIVER FOR ACTIVITIES VS NECESSARY SERVICES
One type of waiver that irks our lawyers is when a drug store requires it for a flu shot.When you sign a flu shot waiver, you are waiving your rights even if they inject you with an infected needle or administer the shot negligently. It is not like using a trampoline or skiing on a hill, where the risk is obvious. The flu shot is a basic medical necessity.It is just wrong for stores to require you to sign a liability waiver for a flu shot. Fortunately, you can avoid the injury waiver by not getting your flu shot at a drugstore.Your regular doctor or medical clinic will give you your flu shot without requiring a waiver.
Our best advice is to not sign waivers. In many situations, you can cross them out of an agreement and the business will still work with you. However, at a minimum, you should at least look for waivers and think about the risk you are taking before signing.