Alex Mayfield | February 24, 2026 | Firm News
Mayfield Law, LLC, is proud to announce that attorney Chas Whitehead was recently published in the Winter 2025–2026 edition of Verdict Magazine. This publication, issued by the Georgia Trial Lawyers Association, features legal insight and analysis for trial lawyers across the state.
In his article, “Navigating the Enforceability of Liability,” Chas explores an increasingly important issue in Georgia personal injury law: when liability waivers are enforceable and when they are not.
Liability Waivers Are Everywhere
As Chas explains in his article, liability waivers are part of everyday life. Whether attending a sporting event, signing up for a gym membership, participating in recreational activities, or even subscribing to certain services, individuals often sign documents that attempt to waive their legal rights.
But simply signing a waiver does not automatically mean an injured person has no personal injury case.
At Mayfield Law, LLC, we regularly evaluate cases where a waiver may be involved. As the article explains, Georgia law provides several important avenues for challenging unclear, ambiguous, or overreaching waivers.
Key Questions When Evaluating a Waiver
In the Verdict article, Chas outlines practical steps for analyzing whether a waiver may actually be enforceable under Georgia law.
Who Signed the Waiver?
It is critical to determine who actually signed the document and whose rights are being waived. For example, one adult generally cannot waive the legal rights of another independent adult. If a waiver was signed improperly, it may not be enforceable.
Who Is Being Released?
Waivers often attempt to release specific individuals or entities from liability. However, the language may not cover all responsible parties. Identifying whether the correct legal entity, employees, or contractors are included can significantly impact a case.
What Activities Are Covered?
A waiver may only apply to certain activities or locations. For example, a gym membership waiver may apply inside the facility but not necessarily in a parking lot. Determining the scope of the waiver is essential.
Is the Waiver Clear and Prominent?
Under Georgia law, waivers must be explicit, clear, and unambiguous. They must also be prominent. As discussed in the article, courts consider whether the clause is set apart in its own paragraph, includes a separate heading, or is distinguished by font size or formatting.
If waiver language is buried within unrelated provisions or difficult to identify, its enforceability may be questionable.
Ambiguity Can Defeat a Waiver
One of the strongest defenses to a waiver is ambiguity. As emphasized in the article, it is not enough for a clause to “look like” a waiver. The language must clearly and unmistakably express the intent to waive specific rights.
Ambiguities are often construed against the drafter of the document. That means unclear language can sometimes render a waiver unenforceable.
Our attorneys carefully review every word of any purported waiver when representing injured clients. Small details in language, formatting, and scope can make a meaningful difference in the validity of the waiver.
When Claims Cannot Be Waived in Georgia
Importantly, Georgia law does not allow parties to waive liability for certain conduct as a matter of public policy. For example, waivers cannot exculpate a party for gross negligence, willful misconduct, or wanton acts.
This distinction can be critical. Even when a waiver may bar claims for ordinary negligence, alternative claims involving more egregious conduct may still proceed if supported by the facts.
As Chas explains in his article, the goal is not simply to defeat a waiver at all costs, but to ensure that injured individuals are not improperly denied access to the courts due to unclear or overreaching contractual language.
Advocating for Fairness in Georgia Personal Injury Cases
At Mayfield Law, LLC, we are committed not only to representing injured clients but also to contributing to the broader legal community. Chas’s publication in Verdict reflects our firm’s dedication to staying at the forefront of Georgia personal injury law and advocating for fairness and accountability.
Understanding the enforceability of liability waivers is critical for both attorneys and injured individuals. If you have been hurt and believe you may have signed a waiver, do not assume you have no legal options. Every case deserves careful legal analysis.
Contact the Georgia Personal Injury Attorneys at Mayfield Law, LLC for a Free Consultation Today
If you were injured in Georgia and have questions about a liability waiver or your right to recover compensation, the team at Mayfield Law, LLC, is here to help. We can carefully review the facts of your case and evaluate whether any waiver is enforceable under Georgia law.
Contact us today to schedule a free consultation with a knowledgeable Georgia personal injury lawyer.
We proudly represent clients throughout Brunswick and Nahunta, Georgia, as well as across Glynn County and Brantley County. We’re here to offer trusted, compassionate legal guidance. Let us help you navigate the legal process and secure the compensation you deserve.
Mayfield Law, LLC Brunswick
1611 Union St
Brunswick, GA 31520
(912) 457-8557
Mayfield Law, LLC Nahunta
13903 E Cleveland St
Nahunta, GA 31553
(912) 733-4651
