I signed a hold harmless agreement (or waiver and release, or indemnity agreement). Does that mean I do not have a personal injury case?

Just because you signed a release or waiver might not mean you do not have a personal injury case.

As is often true of legal questions, the short answer is: it depends.

The legalese explanation is that a waiver is not enforceable if it violates public policy, or it is inconspicuous (it is in the “fine print.”).

Parents cannot waive the claims of minors in hold harmless agreements.

Landlords cannot use hold harmless provisions to avoid liability for failure to maintain the property.

There are many other situations in Washington in which courts will not enforce hold harmless agreements. Read our pocket brief on hold harmless agreements, or for advice about your circumstances contact our office for a free personal injury case evaluation.

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