Is This Waiver Enforceable?
- August 21, 2020
- Will Forero
- Comments Off on Is This Waiver Enforceable?
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…
Slip and Fall Accidents
- January 16, 2019
- Will Forero
- Comments Off on Slip and Fall Accidents
With every winter and spring comes new clients who have been injured in “slip and fall” accidents. These accidents are due to the storms the New York Metropolitan area routinely experiences and the failure of property owners to clean up afterward. Injuries these clients suffer include: neck and back injuries, broken or sprained ankles, broken or sprained wrists, a variety of knee injuries, and various other bodily injuries. Who is responsible for my slip and fall accident? An owner is responsible for cleaning up the property after a snow storm. For example, an owner of a business is responsible for…
Negligence
- January 14, 2019
- Will Forero
- Comments Off on Negligence
What is negligence? Negligence is the failure to use reasonable care in one’s actions. If you are hurt or your property was damaged because someone did not act carefully enough, you can sue the responsible party in court. There are four elements to a claim of negligence: (1) duty; (2) breach of duty; (3) causation; and (4) damages. More generally, duty is when an individual, or group of individuals, should behave or act in a certain way. A breach of that duty occurs when the individual fails to act in the required manner. Often, a court will decide whether a…
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