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Every adult who has signed up for a gym membership, went skiing, visited an amusement park, or went to the town pool has probably signed a liability waiver at some point in their life. Liability waivers are typically similar in nature, exempting the facility you are visiting from liability if you get injured. Whenever I visit a facility that requires a waiver with my friends, someone always asks me, because I am a lawyer, “is this (the waiver) enforceable?” The answer is unsatisfying to them when I give them the typical lawyer response, “well… maybe.”

The answer is maybe because waivers are enforceable in some instances and unenforceable in others. The General Obligations Law in New York states that a waiver will be deemed unenforceable as against public policy when a waiver exempts a place of amusement or recreation, or a similar facility, from being liable for damages that resulted from the negligence of the owner or his or her employees.[1]

Courts in New York have held that a “place of amusement or recreation” is different from an “instructional” facility.[2] Examples of a place of amusement or recreation are waterparks, amusement parks, or ski resorts. On the other hand, an instructional facility is a boxing or jiu jitsu gym where attendees visit for “instruction.” The essential difference is: is the facility solely for recreation? Or is the facility’s purpose to teach attendees how to do something?

Further complicating matters, there are facilities that are recreational, but also provide an element of instruction. Courts in New York have held that, when the instructional element is ancillary to the recreational component, a waiver can be deemed to be invalid under public policy under the General Obligations Law.[3]

However, a visitor will not have a viable personal injury case merely because he or she was injured at a place of amusement or recreation. All viable personal injury cases must have a negligent party who caused or helped cause an injury. A visitor falling while skiing due to inexperience will most likely not be successful in a personal injury lawsuit against the resort. However, if that fall was caused because an employee of the ski resort hit a skier with a snowmobile, recovering an award on behalf of the injured party becomes more likely.

Pryor Law will always fight for the best outcome for your personal injury case, whether it be through a settlement or by pursuing a jury verdict at trial. If you have been injured in an accident, contact the lawyers at Pryor Law by clicking here. Pryor Law has practiced personal injury law for more than 25 years and can help you receive the compensation you deserve. Past performance does not guarantee future results.

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[1] NY GOL § 5-326

[2] Debell v. Wellbridge Club Mgt., Inc., 40 A.D.3d 248 (1st Dep’t 2007).

[3] Id.