Some businesses try to save themselves from liability by forcing their clients to sign waivers of liability. This typically applies to companies involved in fields which are potentially risky or dangerous. This can include obviously risky things such as skydiving and snow skiing and also more mundane things like bicycle and skate rentals.
Sometimes, especially with dangerous activities such as bungee jumping, it can be said that the participants are choosing to take part in the risky action knowing the dangers involved. Thus, they have voluntarily waived the liability to the company and have agreed not to seek damages for potential injuries.
How Waivers of Liability Work
Usually, playing a sport or any other athletic activity prompts a business to have a waiver. However, some sporting events attended by thousands of people are understood to have an inherent amount of risk that the attendee should expect without signing a waiver. This is sometimes called the “assumption of risk.” Places where assumption of risk might come into play include attending baseball games and golf tournaments.
Unenforceable Waiver of Liability
Although designed to protect businesses, waivers of liability cannot always be enforced. If the waiver does not fully explain the risk involved in the activity or is not worded properly according to the law, it can be considered an unenforceable waiver of liability. Also, in cases of gross negligence committed by the business, waivers might not always protect them from a person seeking damages.
If you have suffered a personal injury and have questions as to whether you signed an enforceable waiver of liability or not, contact New York City personal injury lawyers of The Orlow Firm.