I signed a waiver and then got hurt. Should I talk to a lawyer?

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With summer coming and the anticipated re-opening of recreational facilities, there are likely to be more accidents and injuries. Many places of amusement and recreation require their guests, including children and/or their parents, to sign liability waivers.

But what do these waivers really mean?

Some liability waivers will be enforceable in New York, but not all of them. New York General Obligations Law 5-326 says that where someone has paid a fee to use any pool, gymnasium, place of amusement or recreation, or similar establishment, liability waivers are invalid and unenforceable.

The decision of whether a waiver will be enforced can be fact-specific; for example, if the facility is used only for instructional purposes, the waiver still might be valid. Waivers related to minors, on the other hand, frequently are rejected by judges as unenforceable.

Often, a waiver’s biggest benefit to the property owner or facility operator is that it makes injury victims believe that they can’t bring a lawsuit, so injured people don’t talk to a lawyer, and their time to bring a claim runs out.

So the short answer is that you should call a lawyer to discuss your injuries — even if you’ve signed a waiver.

If you’ve been injured in an accident, the attorneys at The Coppola Firm can help you figure out these issues.

Call us at 716-839-9700 or email info@coppola-firm.com. We’re here to help.

Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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