Can a Minor Legally Sign an Injury Waiver in NY?

By signing a liability waiver, participants agree not to sue if they are injured in New York. This rule applies to adults, not minors, as they cannot sign legally binding waivers.

Generally speaking, liability waivers for minors are unenforceable in New York, whether signed by minors or by parents on behalf of minors. Suppose your child signed a liability waiver and was injured due to negligence. In that case, our lawyers will quickly review the waiver’s language and the accident’s circumstances to see if you have a case. We can also help parents organize evidence and proof of damages when preparing claims so that they can focus on their children’s physical recoveries. Minors injured because of negligence have three years from turning 18 to sue at-fault parties in New York, but parents can bring claims on behalf of children sooner to get compensation faster.

For help with your case from our New York personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.

Are Liability Waivers Legal for Minors in New York?

Liability waivers are commonplace for establishments that offer risky recreational activities that could result in injury. When a participant signs a waiver, they give up their right to sue for ordinary negligence, in most cases. However, this is not the case when a signer is also a minor.

Waivers Signed by Minors

Minors in New York cannot sign legally binding liability waivers. Children cannot even bring a lawsuit themselves in New York, let alone sign their legal rights away. Furthermore, G.O.B. Law § 5-326 explains additional situations in which liability waivers are not enforceable, including many activities that minors typically engage in, like recreational pools, gymnasiums, or other recreational amusement activities. If your child was injured and you were informed that they signed a waiver, do not assume that that blocks your ability to get damages for the losses from the accident.

Waivers Signed by Parents on Behalf of Minors

Furthermore, waivers signed by parents on behalf of minor children are typically unenforceable when accidents result in injury or death of a child in New York. If you signed a liability waiver on behalf of your child and they were injured due to negligence, we might be able to bring a claim against the at-fault establishment, as the court might void the existing waiver.

Before signing any waiver, whether on your or your child’s behalf, read it carefully. In addition to voiding liability waivers for children, New York typically voids waivers with ambiguous language, or that go against public policy.

What to Do if Your Minor Child Signed a Liability Waiver in New York

If your child signed a liability waiver without your knowledge in New York, perhaps while on a field trip or while visiting an amusement park with friends, and was then injured, our lawyers can help you start preparing a case immediately.

Have Our Lawyers Review the Waiver

Liability waivers are intimidating, often preventing victims from suing for injuries. That said, New York voids liability waivers in certain situations, such as when signers are minors, or a waiver is signed on behalf of a minor. Even though the establishment in question may know that liability waivers for minors are generally unenforceable, it might still make participants sign them to convince them they do not have a case if injured. Confirming the illegality of a liability waiver immediately after an accident is crucial, as many victims only have three years to bring a claim under C.V.P. Law § 214(5). It is important to note that minor victims have three years after turning 18 to sue in New York, though their parents can bring a claim on their behalf while they are still minors.

Gather Evidence from the Scene

Even though the liability waiver your child signed may be unenforceable, to succeed in your claim, our lawyers will have to show that the establishment was negligent in causing your child’s injuries. To do this, we will need evidence. Parents present at the time of an accident should try to photograph the area and their child’s injuries. If you were not there during the event, our Brooklyn personal injury lawyers can reach out to eyewitnesses to learn more about the accident. We can quickly subpoena security camera footage to review and compile the victim’s medical records to prove injury during the case. If your child’s injury claim goes to court, we must show the jury that the defendant owed your child a duty of care but ultimately breached it, directly causing your child’s injuries and damages.

Track Your Losses

Children who suffer serious injuries might need long-term medical treatment. This affects not only victims but also their parents, who must alter their lives to ensure their children physically recover. While your child gets well, our attorneys can keep track of all medical expenses from the incident and any other out-of-pocket expenses or emotional damages. In these cases, New York does not limit compensatory damages; victims might even get punitive damages if injured because of gross negligence. For adults who sign liability waivers, being victims of gross negligence might void them, enabling them to sue.

File on Time

Remember, minor victims get tolling for injury claims until they turn 18 in New York under § 208. Depending on your child’s age at the time of the accident, waiting to file until they reach majority age could jeopardize the case. Even though the liability waiver your child signed may be unenforceable, the statute of limitations is strictly observed by courts. That is to say, victims or their parents must file injury claims against negligent parties within the allotted timeframe. Otherwise, they will lose their chance to recover any damages.

Call Our Injury Attorneys in New York Today

Call The Carrion Law Firm’s Queens personal injury lawyers at (718) 841-0083 for a confidential and free case assessment.