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How To Overcome A Liability Waiver During A Personal Injury Claim

If you signed a liability waiver and sustained severe injuries, you may believe you can’t take further action. Liability waivers are everywhere and, for the most part, shield organizations involved from any legal responsibility. However, laws around release forms can vary depending on the state. In New York, for example, some waivers can be considered invalid, which can be an opportunity for you to file a claim and get compensation for any damages.

How Do Liability Waivers Work?

A liability waiver is a document which asks customers or company workers to acknowledge the potential risks associated with the business. To be allowed to use any facilities, they need to accept the agreement’s conditions and agree not to pursue any charges against the establishment if something happens. The stipulations on the document should cover most foreseeable situations, which can help companies defend their image if an accident occurs on-site. In high-risk industries, businesses also use waivers to protect their brand against potential lawsuits.

Is Every Liability Waiver Strictly Enforced In New York?

While most liability waivers are honored by state law, there are a few exceptions where they won’t be valid. New York General Obligations Law considers the agreements void if the place is a public pool, fitness center, or public amusement or recreation area. These waivers are also nullified if the person receives a fee for letting you use the facility. The defendant’s lawyer can, however, interpret the state’s obligation law differently to keep their client from losing the case.

When Can You Successfully Challenge A Waiver?

Despite a company’s insistence that you can’t sue them for any damages, there are specific situations where you can take your claim to court. Here are three instances of when you can successfully win your case.

If You’re Under The Age Of 18

Anyone under 18 who signs a waiver can have it voided in New York. Even if a parent or legal guardian signs a permission slip for the child, the business where the accident happened can still be liable for damages. To avoid surprises, minors and their caregivers should thoroughly read and understand the waiver before signing.

The Waiver Was Poorly Written

A well-written waiver needs to include specific provisions relating to their facility that provide for all potential risks to avoid future lawsuits. However, some companies opt for general templates that will miss important details and can be held liable. If the waiver you signed was missing important information that led to your injury, this could help you overcome the agreement when you file your claim.

The Organization Was Negligent

Even the most well-written contract can’t protect a defendant if your injury was caused by gross negligence. Any facility should ensure a client’s safety at all times. Take note that every business has safety regulations they need to follow, and having a waiver does not mean they are allowed to put your life in danger.

Our Personal Injury Lawyers Can Help You Win Your Case

While companies may warn you that you can’t sue for damages, this can’t be further from the truth. There are clear cases where a liability waiver won’t protect them from their negligence. If you or your loved one were hurt during a visit to a specific establishment, you might have a chance to overturn that agreement and get compensation for your damages.

If you’re ready to challenge a waiver in court, our team of personal injury attorneys will answer any questions and review your case to determine your next steps. Please fill out our website’s contact form or call our New York office at 866-506-3694 today to schedule your free trial consultation.