Injured During a Recreational Activity? Waivers Don’t Always Take Away Your Rights

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.

Waivers Aren’t Ironclad When Negligence Is Involved

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.

New York and New Jersey: What the Law Says

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.

How We Can Help

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.

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