Some liability waivers seem to ask that you sign your life away just to become a member of a local gym. But what happens if you are injured due to the negligence of the gym? Are liability waivers enforceable in this instance, or can they be overridden?
Most of the time, yes, they are enforceable. Especially when the liability waiver you sign is very detailed, highlighting possible risks of using a particular facility or something of the sort. More broad ones, though, are tougher to enforce, because they do not always give detailed explanations of certain risks. An experienced premises liability lawyer would have the highest chance of success finding a loophole in a document such as this and should be contacted as soon as possible following any kind of injury at an establishment that required you to sign one.
When Are Liability Waivers Not Enforceable In New Jersey?
Liability waivers, are in some cases, not enforceable, though. Take, for example, a case where you sign a liability waiver to go swim at a local pool. In the waiver, it states that the pool is not responsible for any injury or harm you sustain while on their premises. However, suppose that while going for a swim, you go underwater and cannot get back up – perhaps you are having a heart attack – and it is a family member or another member of the community that assists you out of the pool because the lifeguard is either not on duty, in between shifts, or is simply not paying any attention to the swimmers.
In this instance, the pool is more likely than not to be responsible, since the lifeguard was not watching the pool when the incident happened as he or she was clearly supposed to. Another example would be if the pool had a slide, and it was not properly maintained, and it completely broke apart while using it. In this example, a liability waiver is not going to be enforceable because the negligence is on behalf of the pool owners, not on behalf of the injured victim. But in order to hold the property owner financially accountable in a case like this, the injured victim would have to contact an experienced swimming pool accidents attorney to secure compensation on their behalf.
Were You Injured After Signing a Liability Waiver? Contact the Experienced New Jersey Premises Liability Lawyers at Bramnick Law Today
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.