As the summer heat kicks in, more people are heading out to enjoy recreational activities like boating, poolside fun, waterparks, amusement parks, and adventure sports. While these activities are a great way to unwind, they also come with risks. Many facilities ask you to sign a waiver before participating, making it seem like you’re giving up your right to seek compensation if something goes wrong. However, it’s important to know that signing a waiver does not always absolve the facility from liability.
In cases where negligence plays a role – whether it’s due to improper training, inadequate safety precautions, or poorly maintained equipment – these facilities can often still be held accountable for injuries. For example, if a trampoline breaks unexpectedly or if a boat accident is caused by a defect or lack of proper safety measures, you may still have a valid claim
In New York, the legal concept of “assumption of risk” can be used as a defense, meaning a defendant might avoid liability if the injured party voluntarily accepted the specific risks involved, especially if they signed a waiver. However, waivers aren’t always enforceable, particularly for paid recreational activities, and won’t protect against clear negligence.
In New Jersey, the assumption of risk defense is generally not enough to defeat a negligence claim. While waivers may still play a role, they can only release liability in specific situations involving inherent risks. Even then, they must not be overly broad or violate public policy.
If you’re injured during a summer activity, you may have more legal options than you realize. I’m here to help guide you through the legal process and ensure you get the compensation you deserve. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.
For more information on staying safe this summer: