Signing Something Today Could Affect What Happened Yesterday
Most of us sign agreements without giving them much thought. We accept terms and conditions when purchasing something online, sign waivers before participating in recreational activities, and agree to contracts for services we use every day. Often, we assume those agreements apply to whatever we're about to do.
But what if an agreement you sign today affects something that happened months or even years ago?
Most people understand that signing a waiver may limit their ability to make a claim if they're injured in the future. What they may not realize is that some agreements contain language that can affect legal claims they already have, including claims involving injuries that occurred long before the agreement was signed.
A Waiver and a Release Are Not the Same Thing
When most people hear the word "waiver," they think about giving up the right to make a claim if something happens in the future. For example, a person might sign a waiver before going skiing, visiting a trampoline park, or participating in another recreational activity.
Those agreements generally address risks associated with something that hasn't happened yet. Depending on the circumstances and the language of the agreement, they may limit someone's ability to pursue a claim if an injury occurs.
A release can work differently. Rather than addressing only something that might happen in the future, a release can also apply to an event that has already occurred. By signing it, a person may agree to give up legal claims arising from past events, future events, or both, depending on the language of the agreement.
The distinction matters because signing an agreement after an injury doesn't necessarily mean that agreement applies only to what happens next.
An Existing Injury Claim May Still Be at Risk
When someone is injured and begins pursuing a personal injury claim, they may assume that their right to seek compensation is established by what happened at the time of the injury. They may have received medical treatment, missed work, accumulated medical bills, or even filed a lawsuit.
What they may not realize is that decisions made after the injury can affect their ability to continue pursuing that claim.
An agreement signed months or even years later may contain language releasing claims against the business or organization involved in the original injury. The person signing may believe they're simply agreeing to the terms of a new purchase, membership, or activity without recognizing that the agreement could also affect an existing legal claim.
This doesn't mean every agreement signed after an injury will eliminate someone's right to compensation. Whether a release is enforceable depends on its language, the circumstances surrounding the agreement, and the applicable law. However, the fact that an injury claim already exists, or that a lawsuit has been filed, does not necessarily prevent a later agreement from affecting that claim.
A Colorado Supreme Court Decision Shows Why This Matters
In September 2026, the Colorado Supreme Court issued its decision in Litterer v. Vail Summit Resorts, Inc., 2026 CO 65, illustrating how an agreement signed after an injury can affect an existing personal injury claim.
The case began with a December 2020 collision between a snowboarder and a snowmobile operated by a resort employee at Breckenridge. The snowboarder suffered significant injuries and filed a lawsuit against the resort and the employee. The parties disagreed about how the collision occurred and who was responsible.
While that lawsuit was still pending, the snowboarder purchased another Epic Pass for the 2022–2023 ski season. As part of the online purchase, he accepted an agreement containing language releasing claims he already had against the resort.
That purchase became central to the lawsuit.
The Colorado Supreme Court determined that the agreement operated as an enforceable release of the snowboarder's existing claims against the resort and its employee. As a result, his lawsuit could not proceed, and the underlying dispute about who caused the collision was never resolved by a jury.
What makes this decision particularly important is that the snowboarder wasn't signing an agreement to settle his lawsuit. He was purchasing another ski pass. Yet the language he accepted had consequences for an injury claim arising from an event that occurred nearly two years earlier.
The Language You Agree to Matters
The wording of an agreement can be just as important as the reason someone signs it. In the Litterer case, the Colorado Supreme Court distinguished between an agreement addressing responsibility for future injuries and one releasing claims arising from past events.
The court examined the language of the Epic Pass agreement, including provisions releasing existing claims, and determined that it was enforceable under Colorado contract law. The fact that Litterer had already filed a lawsuit did not prevent the later agreement from affecting his claims.
Not every agreement contains such language, and not every release will be enforceable.
Understanding What You're Giving Up Isn't Always Simple
Most people encounter agreements and terms and conditions almost every day. Whether they're purchasing something online, signing up for a recreational activity, or completing paperwork for a service, they're often presented with pages of legal language that must be accepted before they can move forward.
The reality is that most people don't have the time, legal knowledge, or resources to carefully evaluate every agreement they're asked to sign. Even when someone takes the time to read the language, understanding its legal consequences can be difficult.
It's also not practical to expect someone to consult an attorney every time they purchase a membership, register for an activity, or agree to use a service. The cost of having an attorney review an agreement could easily exceed the cost of the activity or service itself.
That creates a difficult situation for consumers. They're expected to understand and accept agreements that may have been prepared by attorneys, even though they may have little opportunity to negotiate the terms or fully appreciate the rights they're giving up.
Those concerns don't necessarily change whether an agreement is legally enforceable, but they help explain why consumers may not fully appreciate the consequences of what they're signing.
Protecting Your Rights Starts with Understanding Them
If you've been injured and are pursuing a personal injury claim, it's important to recognize that decisions you make after the injury can affect your case. That includes agreements you may be asked to sign, even when they appear unrelated to your claim.
This doesn't mean you should avoid signing every agreement or stop participating in activities you enjoy. It means being aware that an agreement may contain provisions that reach beyond the immediate transaction.
If you're already working with an attorney, it's worth asking questions before signing a new agreement involving the business or organization connected to your injury. Something that seems routine may have consequences for a claim you've already made.
If you're not represented by an attorney, understanding what an agreement says about existing claims is particularly important. Language referring to the release of past claims, known or unknown claims, or claims arising before the agreement was signed deserves careful attention.
At Anderson Injury Law, we believe people should understand their legal rights and the choices that may affect them. Our role is not simply to pursue compensation after an injury. It's also to help our clients understand the decisions they face and how those decisions may affect their cases.
Frequently Asked Questions
Q: Can I still pursue an injury claim if I've already signed a waiver?
A: Possibly. Signing a waiver does not automatically prevent someone from pursuing a personal injury claim. Whether an agreement limits your legal rights depends on its language, the circumstances of the injury, and the law that applies. If you've been injured after signing a waiver, it's worth having an attorney review the agreement before assuming you cannot pursue compensation.
Q: Does it matter if I didn't read the agreement before signing it?
A: Generally, someone cannot avoid an otherwise enforceable agreement simply by saying they didn't read it. Colorado courts look at the agreement's language and the circumstances surrounding its acceptance, not just what the person intended or understood privately. That doesn't mean every agreement is enforceable, but failing to read the terms is not, by itself, enough to invalidate them.
Q: Can I return to a business where I was injured while my claim is pending?
A: Returning to a business where an injury occurred does not, by itself, mean you've given up your right to pursue a claim. However, you may be asked to sign a new agreement before participating in an activity or using its services again. If you already have a claim against that business, it's important to understand whether the new agreement contains language affecting existing claims.
Q: What should I do if I've already signed an agreement that might affect my injury claim?
A: Don't assume your claim is automatically lost. The agreement's language, the circumstances surrounding it, and applicable law all matter. Keep a copy of the agreement and discuss it with your attorney as soon as possible. If you haven't hired an attorney, having the agreement reviewed can help you understand whether it may affect your ability to pursue compensation.
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