Statistics show that more than 3.5 million children under the age of 14 suffer injuries each year while participating in recreational activities. When this happens to your child, your first instinct is to seek justice and hold those responsible accountable. However, if you signed a liability waiver before your child participated, you might wonder if you still have legal options. The short answer is that it depends.
At the Law Office of Cohen & Jaffe, LLP we understand the challenges parents face in situations like these. Our personal injury attorneys have extensive experience with liability waiver claims in New York, and we’re here to help you understand your rights and fight for the compensation your family deserves.
How Liability Waivers Work in New York
Liability waivers are common in recreational settings, from summer camps to sports leagues. They are designed to protect organizations from lawsuits in accidents or injuries. When you sign a waiver, you agree not to hold the organization liable if your child is hurt. However, these waivers are not always ironclad.
New York law allows liability waivers in specific contexts, but they do not absolve a party of responsibility for injuries caused by negligence. If the organization fails to take reasonable safety precautions or violates regulations, the waiver may not be enforceable. The distinction between ordinary accidents and injuries caused by negligence is critical in determining whether you can file a personal injury lawsuit.
When Liability Waivers May Not Protect Organizations
Liability waivers are designed to protect organizations from legal claims but aren’t always enforceable. In New York, these waivers may be invalid if:
- The injury happened in a place like a gym, amusement park, or public pool
- The facility charged a fee, changing the legal standing of the waiver
- The accident was caused by negligence or unsafe conditions
If any of these apply to your case, the waiver you signed might not stop you from pursuing compensation. Our legal team is here to evaluate your case and identify potential avenues for a lawsuit, should you choose to pursue one.
What You Should Know About Liability Waivers and Negligence
In New York, a liability waiver may not hold up in court if a recreational facility or summer camp was reckless in maintaining safety standards. That means that even if you signed a waiver, you could still have a strong case if the injury was the result of:
- Inadequate supervision of the children during the activity
- Unsafe or poorly maintained equipment or facilities
- Failure to follow safety protocols that could have prevented the injury
An attorney can assess whether negligence contributed to your child’s injury and conduct a detailed investigation. With decades of experience, Law Office of Cohen & Jaffe, LLP’s personal injury lawyers will help you understand your rights and seek the compensation you’re entitled to.
Things You Didn’t Know About Liability Waivers
Many parents assume that once a liability waiver is signed, they have no recourse if their child is injured. That’s only sometimes true. While these documents may seem to offer blanket protection to organizations, they don’t absolve them from all responsibility. Key points to keep in mind:
- Waivers do not cover intentional misconduct or gross negligence
- New York law prevents waivers from protecting organizations in specific industries and facilities
- Just because you signed a waiver doesn’t mean you can’t pursue a claim if the injury resulted from negligence
If your child has been hurt and you believe negligence was involved, contact us to discuss your legal options.
Protecting Your Child’s Rights After an Injury
When your child is injured, the emotional and financial toll can be overwhelming. Medical bills, time off work, and your child’s recovery all add to the stress of the situation. The last thing you should worry about is whether a liability waiver prevents you from holding the negligent party accountable.
At Law Office of Cohen & Jaffe, LLP we’re here to help you every step of the way. We will review the liability waiver, investigate the circumstances of the injury, and determine whether you can file a lawsuit.
Get Help From Experienced Personal Injury Lawyers in New York Today
If your child suffered injuries during a recreational activity after you signed a liability waiver, you might still have legal options, depending on the situation. Liability waivers, while often enforceable, have limitations, especially when the injury is due to negligence. The easiest way to determine your legal options is to contact the Law Office of Cohen & Jaffe, LLP.
The attorneys at Law Office of Cohen & Jaffe, LLP have decades of experience assisting families throughout New York facing similar challenges. Law Office of Cohen & Jaffe, LLP’s personal injury lawyers can carefully assess your situation and walk you through the next steps to help you pursue justice against the responsible party. For a free consultation, call us at (516) 358-6900 or complete our contact form. Also, check out our YouTube Channel.
