While a signed waiver can make it much more difficult, it’s usually possible to pursue an injury claim. Please continue reading as we explore what you should know about these matters and why it’s in your best interest to enlist the help of an experienced New York City Injury Lawyer to navigate the complexities of this process.
What Does a Waiver Need to Include?
First and foremost, a waiver is a legal instrument that, upon execution, relinquishes the signer’s right to pursue legal action in the event an injury is sustained during participation in an event or while on specified premises. Essentially, this document mandates that the signer comprehends the inherent risk of injury, and should such an injury occur, the company cannot be held liable for resulting damages.
For a waiver to be legally valid in New York, it must incorporate specific elements. Generally, the paramount aspect of a waiver is the clarity and unambiguous nature of its terms. This necessitates a precise definition and articulation of the specific activity and inherent risks. Furthermore, it must include a release, which fundamentally ensures the signer’s understanding that the organization is absolved from liability for losses incurred in the event of an injury.
Can I Still Pursue Legal Action if I Signed a Waiver Prior to Sustaining an Injury in NY?
New York courts often uphold valid waivers. However, even with a valid waiver, you may still have legal recourse if your injury was caused by negligence.
A waiver might be unenforceable depending on the unique circumstances of the accident. For instance, if the signer was not provided adequate time to fully grasp the document’s full implications before signing, the waiver could be deemed inadmissible. More commonly, a waiver may not be enforced if the negligence leading to the cause of the injury is so egregious that it falls outside the waiver’s scope. If you can demonstrate that your injuries were the result of gross negligence, the court might not enforce the waiver, enabling you to sue the other party.
A waiver may be invalid if it violates public policy, such as attempting to waive liability for basic safety requirements or fundamental rights. If it was signed under false pretenses or due to misleading information, it could be deemed irrelevant, and you may still have a claim.
As you can see, the enforceability of a waiver can be challenged after an injury. At The Bàez Legal Group, we are prepared to help you fight for the compensation you deserve and need to get your life back on track. Connect with our firm today to learn more about your legal rights and options.
