Liability waivers are increasingly a
part of every activity, whether the venture is particularly risky or not. Some of
them are not enforceable in New York— which is why if you are hurt after
signing one, you should obtain legal counsel right away.
Many people believe that after signing
a waiver, they cannot pursue legal action if they are hurt. However, it all
depends on the situation. For example, entities promoting inherently dangerous activities,
such as skydiving, will require the signing of a liability waiver— before a
customer can get on the plane.
Perhaps you experienced a successful
skydive, but later slipped and fell and broke your leg in the company’s poorly
maintained parking lot. Under these circumstances, signing a liability waiver
does not preclude your right to pursue a personal injury lawsuit.
The other party involved will likely
allege you cannot sue them. Always take that information with a grain of salt
since a personal injury attorney can advise you whether you can pursue a claim.
Many businesses, including gyms, may tell you there is no legal recourse even
though the management knows their waivers are unenforceable.
A New York City personal injury lawyer at Douglas & London can help you receive the compensation you deserve for your injuries. We will investigate the cause of the accident thoroughly and hold those responsible accountable. Our dedicated attorneys have recovered more than $20 billion in settlements and verdicts for our clients.
Liability Waivers
Liability waivers are contract
provisions supposedly releasing an entity from liability for injuries connected
to an activity. For example, a gym membership contract might specify that the
gym is not liable for injuries you sustained, which would prevent you from
suing and recovering damages.
However, New York’s General Obligations
Law voids waivers from certain enterprises that include:
- Public pools
- Gymnasiums
- Public
recreational facilities - Public amusement
facilities
The other caveat is that the operator
receives a fee for facility use. If you paid a fee to use the facility and were
injured, the waiver is not enforceable. Keep in mind that the business may
allege that the facility was used for educational, rather than recreational
purposes— or that someone other than the person who signed the liability
waiver paid their entrance fee.
Some businesses might allege that the
facility was used for training, not recreation. These are the strategies that
organizations have used to get around the New York statute, but a seasoned
attorney can counter them, and help protect your legal rights.
Liability Waivers
and Minors
Under New York law, minors are not
bound to the terms of any contract signed, so a liability waiver signed by a
person until 18 is voidable. If the parent signed the waiver, under New York
law that does not bind the waiver for a minor’s death or injury. These waivers
often involve school or camp activities, including field trips, sports, clubs,
and trips to recreational facilities.
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Waiver Language
When it comes to enforcing a waiver,
language is everything. Some businesses have their attorneys craft carefully
worded waivers that will preclude the filing of a lawsuit. However, many companies
use standard “boilerplate” waivers that are not enforceable.
Negligence
Even a waiver that would stand up in
court— does not excuse negligence on the part of the organization’s
management. New York laws do not permit such releases to override an
individual’s legal rights if their injuries result from said negligence.
Contact a New
York Personal Injury Lawyer
If you or a loved one were seriously injured due to another party’s negligence, and you signed a liability waiver, contact an experienced personal injury lawyer at Douglas & London immediately. Arrange a free consultation by calling or texting us 24/7 or completing our online contact form.
We will review your case, examine the
waiver, and let you know your options. While the majority of cases are settled,
we will proceed to court if the insurance company or the defendant does not
agree to a reasonable settlement. There is no fee unless you receive compensation.
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