When you engage in certain activities or services in New York, you may be asked to sign a liability waiver before participating. While these waivers aim to limit an entity’s responsibility in the event of an injury, their legal enforceability isn’t absolute. It’s crucial to understand how a signed waiver might affect your ability to seek compensation, as both the contract’s details and the accident’s specifics can significantly alter the outcome of a personal injury case. Continue reading to discover whether a liability waiver can prevent you from suing, and how our experienced Harrison Personal Injury Attorneys can assist you in pursuing justice.
What is a Liability Waiver?
A liability waiver, sometimes called a “release of liability” or “assumption of risk agreement,” is a contract designed to safeguard businesses or organizations from legal action if a participant sustains an injury during a specific activity or service. By affixing one’s signature to such a waiver, an individual implicitly acknowledges the inherent risks involved and agrees to abstain from holding the business accountable for injuries resulting from ordinary negligence.
These waivers are frequently encountered in endeavors possessing inherent hazards, including, but not limited to, gymnasium utilization, recreational athletic pursuits, concert attendance, or services such as ridesharing. Businesses often employ these documents to apprise participants of potential perils and to assign liability for any ensuing damages.
Are Liability Waivers Enforceable in New York Personal Injury Claims?
In New York, liability waivers are recognized in court but subject to close examination by the court. A waiver’s enforceability in a personal injury claim hinges on several elements: its language must be unambiguous, the signing must be voluntary, the nature of the negligence must be considered, and it cannot contravene public policy. It’s important to keep in mind that New York courts are more inclined to uphold waivers that plainly detail potential risks and are equitable.
Can I Still File a Lawsuit if I Signed a Liability Waiver?
Signing a liability waiver can make you question your legal standing to seek compensation for the damages you have endured at the hands of another. While you may presume that you have forfeited your rights, you might still have a valid claim. Waivers are not always enforceable as they don’t shield against all forms of negligence. You may have grounds for a lawsuit if the waiver is conscious, if the injury was caused by gross negligence or an intentional act, if the state doesn’t allow waiving liability for a specific activity, or if you were unable to give informed consent.
As you can see, the act of signing a liability waiver does not automatically mean you relinquish your legal rights. At Hausman & Pendzick, we are prepared to assess your specific waiver, the details surrounding your injury, and advise you on your available legal avenues. Connect with our firm today to arrange a consultation.