No. Liability waivers are not absolute shields under Ohio law.

Waivers do not protect businesses from certain forms of misconduct, nor do they excuse unsafe premises conditions that go beyond ordinary risk. Waivers can fail for many reasons including if they are ambiguous, overly broad, or improperly applied. The experienced lawyers at Lardiere McNair and Stonebrook can assist in a proper evaluation of the rights of those injured at these facilities.

Importantly, many injuries—especially those involving children—raise additional legal issues. While Ohio has enforced waivers signed on behalf of minors in limited contexts, courts closely examine many factors including the nature of the activity, the type of organization, and public policy concerns. Courts have also rejected the enforceability of waivers for technical reasons.

Because waiver enforceability depends on specific facts, no injured person should assume a waiver ends the analysis.

Why Getting a Lawyer Involved Early Is So Important

Recreation facility cases are evidence-driven, and that evidence is often controlled entirely by the facility.

1. Preserving Physical Evidence and Facility Conditions

Conditions at these facilities can change fast. Employees come and go. Padding is replaced, equipment is moved, and layouts are altered—sometimes within days of an injury. Once changes are made, it can be difficult to prove what actually caused the accident.

Ohio law recognizes a duty to preserve evidence when litigation is reasonably anticipated. Willful destruction of evidence can even give rise to an independent claim for spoliation.

Early legal involvement allows for preservation letters, documentation, and—when necessary—court intervention before critical evidence disappears.

2. Surveillance Footage and Incident Reports

Many recreation facilities rely on surveillance cameras, but video footage is often overwritten on short retention cycles. If a request is not made promptly, crucial footage may be lost.

Ohio courts treat missing or destroyed evidence seriously, and failure to preserve it can lead to sanctions or adverse inferences—but only if the issue is raised correctly and early.

3. Policies, Procedures, and Staff Training Records

These cases often hinge on what the facility should have done, not just what happened. That means examining:

• Written safety policies
• Staff training materials
• Inspection and maintenance logs
• Staffing levels at the time of the incident

Facilities sometimes revise or “update” policies after an injury occurs. Early involvement helps ensure the policies in effect at the time of the injury are preserved.

4. Witness Identification and Statements

Employees rotate shifts, customers leave, and memories fade. Witnesses who saw the accident—or dangerous conditions leading up to it—may be impossible to locate weeks later.

It is important to use an experienced legal team to conduct prompt investigation to help capture statements and preserve evidence while facts are fresh and before narratives change.

Christopher L. Lardiere, Esq. is a Partner at Lardiere McNair & Stonebrook, Ltd., LPA.

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