Most businesses require clients and patrons to sign a liability waiver before utilizing their services or equipment. The liability waiver is a legal document stating that the organization is not at fault for any injuries or harm you may suffer while using their equipment or engaging in an activity on their premises. Gyms, daycare centers, and recreational facilities are a few examples of businesses that require patrons to sign liability waivers before using their services. However, there are certain occasions when an injury occurs within their organization due to their negligence. While you might believe that you signed over your right to pursue legal action, there are a few ways you are still able to hold the businesses accountable for their negligent actions.
What Is a Liability Waiver?
A person or company will require an individual using their services to sign away their right to file an injury claim with a liability waiver. This written agreement protects the person or company from being liable for any injuries on their premises or by using their equipment.
Most individuals believe that by signing a liability waiver, they have no right to seek legal compensation for injuries or illnesses they suffer while using their services. However, some options are available for those suffering injuries due to the company or person’s negligence. The liability agreement does protect businesses from most injuries that an individual will suffer. Still, if the business or person acts extremely negligent or the waiver is invalid, they can hold the responsible party accountable for their injuries.
Can You File an Injury Claim if You Signed a Liability Waiver in New York?
While a liability waiver protects a company or individual from most injury and illness claims, certain circumstances allow an individual to seek legal action against the responsible party. The following are a few instances where a liability waiver does not protect the business from legal responsibility and repercussions:
- Gross negligence
- Intentional acts
- Reckless conduct
- Willful/wanton conduct
Another way for you to file an injury claim is if the liability waiver is invalid. Below are a few factors that can cause the liability waiver to be invalid:
- A poorly documented oral agreement
- Fails to meet New York’s legal requirements
- Makes unreasonable requests from those involved
- Missing signatures
- Signed by a minor
- Signed under duress or fraud
- Signer is asked to engage in illegal conduct
- Unclear and ambiguous language
The language of a liability waiver often gives the signer the impression that they have no rights if they suffer injuries on the premises or by using the organization’s equipment. However, there are many ways a person can seek legal compensation for their injuries even if they signed the petition. A personal injury lawyer can assess your case and offer honest advice on whether you have the opportunity to seek legal action against the company or individual.
Find a Professional New York Personal Injury Lawyer at Lever & Ecker, PLLC Today
A liability waiver is a thorough document with complex language. Trying to handle it without help from a professional legal representative can put your rights at risk. A personal injury lawyer at Lever & Ecker, PLLC, will offer you trustworthy advice and guidance. Our team has 60+ years of combined experience in New York law as well as top-of-the-line resources and knowledge that can protect your rights.
In order to give you the best possible outcome for your case, our award-winning lawyers provide clients with legal representation tailored specifically to their needs. Call (914) 288-9191 or (718) 933-3632 and fill out our contact form to schedule a free consultation today.
