Those who sustain injuries as a result of another party’s negligence are generally entitled to file a personal injury claim in New York and seek monetary compensation from the at-fault party. However, it’s common for individuals participating in certain activities to be required to sign a liability waiver. These legal documents often stipulate that the individual agrees not to hold the company liable in the event of an injury. In such circumstances, you may question whether this negates your right to pursue compensation for your damages. Please continue reading as we explore what you should know about these matters and how a dedicated New York City Personal Injury Lawyer can help you navigate your legal options.
What Are the Elements of a Valid Liability Waiver?
First and foremost, waivers are legal instruments crafted to shield businesses from lawsuits by compelling customers to acknowledge and accept inherent risks. Essentially, they signify a party’s assumption of personal responsibility for any injuries sustained during participation in a specific activity or while on a particular premises. Nevertheless, while a waiver can impact an individual’s right to pursue a claim, it doesn’t grant a company carte blanche to fully absolve itself of all liability in personal injury matters.
For a liability waiver to be considered valid in New York, it must clearly outline the rights being surrendered, the inherent risks, and all participating parties. This ensures the waiving party fully comprehends the implications should an injury occur. Furthermore, the waiver must be agreed upon voluntarily, without any duress, and with complete awareness of the ramifications.
Can I Still Take Legal Action if I Signed a Liability Waiver?
While a waiver implies the relinquishment of one’s right to file a personal injury claim, there are specific circumstances under which a party cannot evade personal injury liability, irrespective of the existence of such a waiver.
When an individual consents to the terms of the waiver, it becomes a legally binding agreement. However, just like any other contract, not all waivers can be enforced in court. New York courts will refuse to honor clauses found to violate public policy, particularly those that shield an entity from liability in matters inherently dangerous or crucial to public safety. Waivers must be unambiguous. If the waiver’s language is confusing or misleading, its validity may be questioned.
In addition, waivers cannot safeguard a party from liability for gross negligence or intentional misconduct. If your injuries resulted from extreme carelessness, as opposed to ordinary negligence, a waiver may not be upheld. If the injury occurred due to a risk that was not covered by the agreement, or if the actions leading to the injury were outside of its scope, the waiver will not offer protection.
As you can see, signing a liability waiver in New York doesn’t automatically relinquish your right to seek compensation for your injuries. At James Newman, P.C., we are prepared to assess your specific circumstances and determine if you have a legitimate claim. Contact our firm today to discover how we can assist you in pursuing the justice you are owed.
