A liability waiver is a legal document that a person who participates in an activity may sign to acknowledge the risks involved in their participation in an effort to remove legal liability from the business or person responsible for the activity. Liability waivers have become more and more common in recent years, whether or not the activity in question actually presents a danger or not.
However, there are a number of misconceptions about the legality of liability waivers in New York State, with some types being enforceable and others not passing legal muster. But regardless, if you have signed a waiver and then participated in an activity that has resulted in injury, it is imperative that you immediately seek out a qualified attorney and discuss your legal options.
Despite the belief that a liability waiver shields the entity that asked you to sign it from all legal recourse if you are injured, this is not the case in each and every situation, but instead depends entirely on individual circumstances. For example, if you sign a waiver before participating in a dangerous activity, but then find yourself hurt while on the company’s property by an event that does not involve the aforementioned activity, the company may be still held legally liable for personal injury, as a liability waiver does not serve as catch-all protection against all possibilities, known or unknown.
However, this will not stop parties from attempting to convince you that you have no legal recourse to pursue due to the fact that you had signed a waiver, whether or not this is actually true in reality. In these instances, it is again imperative to not take the work of the party in question – who does not have your best interests at heart – and instead consult with a knowledgeable and experienced injury attorney to find out your best path forward to gaining the financial compensation that you deserve.
In New York State, the enforceability of such a waiver depends on the language of the waiver. A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. In many cases, the specific risk must have been known to and appreciated by the plaintiff in order for primary assumption of risk to apply prior to injury. Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury.
In addition, New York’s General Obligations Law automatically disqualifies waivers from several types of activities and businesses due to the inherent risk associated with participating in them, such as gymnasiums, amusement facilities, public pools, and recreational facilities. Also, if the operator of a facility is paid by an individual, then a liability waiver is not enforceable, although some parties may attempt to raise doubt over this fact by claiming that the facility was utilized for educational or training instead of recreational purposes, or that someone other than the injured party had paid the fee to enter. In these instances, you need a qualified attorney representing you to make sure that your rights are not being violated.
Most companies utilize liability waivers to not only shield themselves from potential liability should an individual be injured by an accident, but to also inform participants of any possible dangers associated with said activity in an attempt to weed out those who may not wish to participate when the risks have been laid bare. In this sense, a liability waiver can protect both the company and the person who signed it.
Liability waivers also enable companies and other entities to keep track of the circumstances surrounding accidents as far as insurance carriers go, who may ultimately end up being the one spaying out any compensation for injuries if the company is found libel.
Minors under the age of 18 in New York State are prohibited from signing any liability waivers; therefore, in any instance in which this takes place, the waiver is automatically voided, even if a parent has signed said waiver for their minor child – such as for a school field trip or sporting event – especially in the case of injury or death.
Also, New York State law does not allow a liability waiver from overriding a person’s right to compensation in cases of negligence, or in instances where the language of a waiver is not clear.
Do you need to know more about the legality of liability waivers? Have you been injured due to the negligence of a company that has made you sign one? Contact the accident attorneys at the Law Office of Cohen & Jaffe, LLP at 866-878-6774 now or fill out our simple form for a free consultation.