Human Factors Analysis of a Waiver: A Case Study

Abstract

Case law has questioned the enforceability of waivers due to deficiencies in two categories: whether the defendant took reasonable steps to bring notice of the waiver and its contents to the attention of the plaintiff, and whether the waiver contained key design flaws. This report presents a case study on an accident at a recreational sports facility. An analysis was conducted on two versions of the facility’s waiver from a human factors perspective. The analysis reveals the application of forensic human factors concepts to waiver design and the influence that improperly designed waivers can have on sports and recreational injury lawsuits.