Ross & McBride Achieves Justice for Injured Plaintiff

Tuesday, February 23, 2010

Victory for Plaintiff At Trial.

At a recent jury trial, Ross & McBride’s, Rick Simmons and Baldeep Virk, were victorious for their client who was seriously injured while participating in a motorcycle riding course.

A big hurdle to the Plaintiff’s case was that she had signed a waiver prior to participating in the course to learn to ride a motorcycle.   The Defendants argued that by signing the waiver, the Plaintiff was prevented from bringing a lawsuit against them.  Therefore, the risks to the Plaintiff were significant because if the Defendants were successful in their argument, the Plaintiff would recover nothing.

Despite this risk, Ross & McBride took the Plaintiff’s case to trial.  The jury held that the Defendants were 80% at fault for their negligence in providing the Plaintiff with improper instruction and setting up the course with a concrete barrier. 

The defense argued that a document signed by the plaintiff should prevent her from recovering the losses she suffered.  The Judge ruled in favour of the Plaintiff and refused to enforce the waiver due to the following:

1.     The waiver was ambiguous due to missing words such as “negligence” and “liability”;

2.     The waiver wording was not clear and specific to exonerate the defendant from its own negligence;

3.     The defendant’s intention to protect itself from its own negligence was not sufficiently brought to the plaintiff’s attention.  Evidence of such, fell “far short” of what is required to establish the plaintiff “fully understood” the legal effect of signing the waiver;

4.    The defendant’s liability went to the root of the agreement between the defendant and the plaintiff, the defendant failed to provide a safe learning environment.

This case has important implications to the law on waivers and in what cases Defendants will not be allowed to rely on waivers to absolve themselves of liability for their negligence.