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If you have ever eaten at Cluck-U Chicken here in New Jersey, you are probably familiar with the 911 Wingers Challenge. In order to order chicken coated in the popular chain’s spicy 911 sauce you must sign a waiver stating:

I am fully aware that I am about to eat one of the hottest sauces known to man, the dreaded Cluck-U Chicken “911” Wingers sauce. I hereby release Cluck-U Chicken, and hold myself completely responsible if any of the following should occur:

  1. My eyes burn and proceed to pop out of my head.
  2. Any part of my mouth bleeds profusely.
  3. Severe gastrointestinal problems occur before, during, or after the ingestion of the dreaded “911” Wingers sauce. 

Once again, I am fully aware of the potential problems that may occur from eating the “911” Wingers sauce, and will not hold Cluck-U Chicken liable for anything that may happen to my body before, during, or after taking the “911 Wingers Challenge.” Finally, I understand that all sales of the dreaded “911” Wingers sauce are final. There are no refunds, exchanges, returns, or credits on “911” Wingers sauce. 

Cluck-U was the first restaurant in the country to require patrons to sign such a waiver before ordering their food. They are far from the last. Whether designed as a publicity stunt, or as a way to deter diners from complaining about their food choices, waivers are becoming trendy

Liability waivers are becoming incredibly common. 

It is not only restaurants that are asking their customers to sign waivers before purchasing their product or service, or hanging around their facilities. Garden State gyms, amusement parks, concert venues, and nonprofit organizations like food pantries are all requiring people to sign liability waivers. These waivers typically ask customers to acknowledge the dangers inherent in a particular activity and waive their right to sue the business should they get hurt doing it. 

So what happens if you are injured after signing a liability waiver? Are you truly not allowed to sue for damages? 

It depends. It depends on the activity, and the circumstances surrounding the injury. You cannot waive your right to be protected from reckless behavior or unexpectedly dangerous conditions that invite injury. But you cannot seek compensation for the harm you caused yourself. 

Your ability to sue can also depend on the language in the waiver, and how the waiver was presented to you. 

The only way to know if you will be allowed to bring a lawsuit in your specific situation is to speak with an experienced personal injury attorney. 

Millions Won For Our Clients

Over the last decade or so, the Levin & Malkin team has noted an increase in the use of liability waivers here in Northern New Jersey. Nevertheless, we have continued to bring personal injury lawsuits on behalf of Hackensack area residents. If you or a loved one has suffered an injury, but you are concerned a liability waiver may prevent you from seeking compensation, we are ready to take a look at your case. Please contact us today to schedule a free consultation.

Posted in: Personal Injury