Can a Waiver of Liability for Personal Injuries be Enforced?

Posted on behalf of James Lynch on August 21, 2020  in Personal Injury News. Updated on February 24, 2022

man-hand-signing-liability-waiverSometimes it seems as if you are signing your life away when you sign your name to a liability waiver to join a gym or participate in other activities. However, what happens if you are injured due to the negligence of the gym or other party?

Although most liability waivers are enforceable, there may be certain situations where you may still be able to pursue compensation by filing a personal injury claim.

If you were injured in a gym or while participating in other activities and you are not sure whether you may still have a chance to pursue compensation, we recommend contacting a New Jersey personal injury attorney from Lynch Law Firm, PC to discuss your claim in a free consultation. Our firm charges no lawyer fees unless we secure compensation on your behalf.

When are Waivers Enforceable?

Liability waivers are usually enforceable when they are lengthy, detailing the possible risks involved with participating in specific activities. The shorter, less detailed waivers may not be enforceable because they usually do not provide enough explanation about the risks involved.

The enforceability of a certain waiver depends on the details of the situation. New Jersey law usually upholds liability waivers unless:

  • They are unreasonable
  • Honoring the waiver would be a violation of public code
  • The injury was a result of recklessness or intent to harm

Sometimes experienced lawyers may be able to find a loophole in the liability waiver which may allow you to file a lawsuit. Contact the Lynch Law Firm, PC today to have one of our knowledgeable lawyers review your situation.

What is a Contract of Adhesion?

Under New Jersey law, liability waivers are treated as “contracts of adhesion”, which means they are generally non-negotiable. It is usually difficult to prove that a waiver is unreasonable. Important factors that may determine this include:

  • The language used in the contract
  • The negotiating positions of the parties involved
  • The amount of compensation the plaintiff is seeking
  • Whether the party enforcing the waiver owes a legal duty to the injured party
  • How public interest is affected by the contract

If the terms of the waiver of liability pose a threat to public interest, chances are that the waiver may not be upheld. Gym waivers are usually upheld because they are based on the encouragement of exercise, which is viewed as a good thing.

Are Children Protected from Waiver of Rights?

While adults can freely sign away their right to sue, New Jersey courts generally do not apply these agreements to children. The courts will usually decline to uphold a waiver from a commercial facility; however, it may allow certain parts of the contract, such as an arbitration clause.

Seek Advice from a Licensed Attorney

If you are unsure whether you have a right to file an injury claim because of a liability waiver, it is important to have a licensed attorney review your situation. You may be eligible to recover financial compensation to cover medical costs, lost income, pain and suffering, and other damages. If you lost a loved one in an accident, you may be able to recover funeral expenses, loss of future wages and loss of companionship.

Do not let the terms of a waiver intimidate you. Although the language may seem difficult to understand, our distinguished attorneys have a wealth of knowledge of state and federal laws and decades of combined legal experience. Look at our reviews page to see what our satisfied clients have to say about the services we provided.

Call our office today to set up your free case evaluation. There are no upfront payments required and no obligations to hire our firm. We only bill you if we win funds for your claim.

Call the Lynch Law Firm, PC anytime at (800) 518-0508 .

* Results may vary depending on your particular facts and legal circumstances.

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