This day and age, liability waivers are everywhere. From amusement parks to gym memberships to school field trips, many people sign waivers of liability, hidden away in the fine print, without even realizing it. But what happens on the off-chance you do sustain a personal injury and discovered that you signed a waiver? Did you really sign away your legal rights to sue and pursue compensation for your injuries?
New York is a special state, providing certain protections for citizens who are hurt by the negligence of others, often regardless of whether or not a waiver of liability was signed. Learn more about waivers and the New York State laws that govern them below.
What is a Liability Waiver? What does it mean?
A liability waiver is a contract, or clause in a contract, between a person and an entity, that gives up the right of the person to sue the entity for injuries they sustain on their behalf due to ordinary negligence. The waiver should educate the person of the risks they are undertaking and possible injuries they may sustain.
Are Liability Waivers Enforceable in New York State?
While waiver laws vary by state to state, signed waivers are taken seriously, and New York is no exception. There is a chance if your waiver is written in clear and unambiguous language it may be enforced. However, there are several prominent reasons in New York State that would make a waiver unenforceable, including:
If It Was Signed By A Minor
Children, or their parents, may be required to sign a waiver in order to participate in a class field trip, child sports program, or club. However, most contracts entered into by a minor are voidable in New York State. Depending on the circumstances, this can also include waivers signed by parents on the child’s behalf.
If You Paid to Partake in Recreational Activities
Even if you required to sign a waiver of liability when signing up for your gym membership, or using a pool, place of public recreation or similar establishment, it may not hold up in court under New York General Obligations Law § 5-326. That statute provides that some agreements are potentially void as against public policy and unenforceable, particularly if the waiver was signed in conjunction with some sort of payment like buying a ticket, monthly membership, or some other sort of fee.
If It Has Unclear Language
One of the biggest errors to cause a waiver to be unenforceable is unclear language. If the waiver does not clearly state it is relinquishing your rights to pursue a personal injury case, does not precisely list specific risks or injuries you are releasing to the provider, or the waiver is not easily identifiable within a larger document, it may fail to hold up in court.
Were You Injured After Signing a Liability Waiver? Contact our New York State Personal Injury Attorneys Now!
The truth is, every liability waiver is different. Determining whether or not your liability waiver is enforceable in New York State requires careful consideration and a thorough examination of your individual waiver.
If you have suffered an injury after signing a waiver of liability, it is in your best interest to contact an experienced personal injury attorney to help determine if your waiver is enforceable or not. The team at Maynard Injury Law is here to help! With offices in Albany, Saugerties, and Johnstown, our personal injury attorneys can help. Call us at (800) 721-3553 or contact us online to set up a free case review.
Related Blogs on Personal Injury Lawsuits
If you’re debating whether or not to pursue compensation for your personal injury in New York State, here are a few resources to get you thinking:
How Much Money is My NY Personal Injury Case Worth? – Learn the factors that impact the value of a personal injury case.
Documents and Materials Your Attorney Will Need to Pursue your Personal Injury Claim – Much of the information your lawyer will need to pursue your claim successfully is in your sole possession and control. Learn what we need from you to get started!
Sharing Information With Your Personal Injury Attorney – Find out why you should be as open and honest as possible with your personal injury attorney from the get-go.
