Citi Bikes have become a popular way of getting around on the streets of Miami. To use a Citi Bike, you purchase a membership or buy a short-term pass through the Citi Bike app. You then use the app to locate an available bike nearby. You then get a ride code or use your member key to unlock the bike. You then use the Citi Bike as long as you want as your credit card is charged for the time. When you’re done with the bike, you find a docking station and leave it. It seems simple enough. However, before you use the Citi Bike, you agree to give up some of your rights.
Citi Bike Waiver
Before you can use the Citi Bike, all users must agree to lengthy and dense “Terms of Use.” The terms of use indicate that the user waives some rights and claims. As the rider of a Citi Bike, you agree to release Citi Bike and its affiliates and agents, etc., from liability for personal injury, wrongful death, property damage, or injury to others. Under the terms of use, the rider agrees that they are riding at their own risk. The rider also agrees that there may be unforeseeable risk involving the maintenance or design of the Citi Bike, and the rider assumes responsibility for that risk. The rider also assumes all risks for injury caused by the negligence of others. In addition, the rider accepts the equipment “as is” and cannot hold Citi Bike responsible for any defects in the bike. Basically, the rider of the Citi Bike agrees not to hold Citi Bike responsible for any injury or property damage that results from using the bike.
Can the Waiver be Enforced?
This waiver is presented to the rider in small type, and we all know that people rarely read the terms of use before agreeing to them. Can Citi Bike enforce this waiver? What if you are injured while using the Citi Bike? Can you hold Citi Bike responsible for your injuries? In Florida, liability waivers are only enforceable if they meet certain conditions. You cannot waive your right to sue Citi Bike for claims based on reckless and intentional conduct. The language of the waiver must be clear and unambiguous in order for the waiver to be enforceable. Essentially, the person signing the waiver must fully understand what rights they are surrendering. What is clear and unambiguous is dependent on the circumstances and the individual language in the waiver.
Contact an Experienced Accident Attorney
If you’ve been injured while using a Citi Bike and you agreed to the terms of use, you should consult with an experienced personal injury attorney. Gregg Goldfarb has been helping the victims of bicycle accidents for over 20 years. Contact us online or call us at 305-374-7000 to schedule a free consultation.