If you have ever joined a gym, had a cosmetic procedure, or bought a concert ticket, you have probably encountered a liability waiver. These documents, while common, are rarely read carefully, and even fewer people truly understand how they might impact a potential personal injury claim. In New York, these waivers can significantly affect your ability to seek compensation for your damages, as you relinquish your right to take legal action if you get injured by accepting the inherent risks associated with an activity. Please continue reading as we explore what you should know about these matters and how our determined Queens Personal Injury Attorneys can help you fight for the justice you deserve.
What is a Liability Waiver and Why Do Businesses in New York Use Them?
First and foremost, it’s crucial to understand that a liability waiver is a contract signed prior to engaging in an activity or service. By signing it, you acknowledge and accept that, in the event of an injury, you will not hold the business or organization legally accountable for any resulting damages. For example, a gym may require you to sign a waiver stipulating that you understand the risks of using heavy equipment.
In essence, you are forfeiting your right to sue for specific types of accidents. These agreements are designed to demonstrate that you voluntarily assumed the risk of the activity, thereby limiting the business’s liability for your damages. It should be noted that liability waivers serve to shield against lawsuits for ordinary negligence.
Are Liability Waivers Enforceable in Personal Injury Cases?
Despite having signed a liability waiver, you may still have a valid personal injury claim, as New York courts recognize that not all contracts are fair. There are certain circumstances in which these waivers are considered invalid or unenforceable, particularly if the business was grossly negligent or violated public policy. Liability waivers don’t normally protect a business if the injury was caused by extreme carelessness or intentional misconduct.
In addition, they don’t shield a business from a legal action if it goes against public policy by trying to waive liability for something an individual should not have to waive, like criminal actions. New York courts will also assess whether the waiver’s language is vague or contains misleading wording. If the waiver is not clear, unambiguous, or doesn’t contain the specific risks being assumed, it may be deemed void and unenforceable.
As you can see, a signed waiver doesn’t always mean the “end of the road” for your claim. At The Law Offices of George Poulos, we are prepared to help you understand your legal options and fight for the compensation you need to get your life back on track. Connect with our firm today to schedule a consultation.