Can You Sue for a Go Cart Injury Despite Signing a Waiver?

Even if you signed a waiver of liability, you might be able to file a lawsuit to recover damages from a go cart accident.

Waivers of liability are not always enforceable, enabling some victims of go cart accidents to file injury lawsuits. For example, in New York, waivers are void when they involve public pools, gyms, and other places, like amusement parks. We can determine if the waiver you signed is void based on that rule or for other reasons, like because it contained ambiguous language or conflicted with public policy. If you signed a liability waiver at a go cart track and were then hurt in a crash, proceed as if you can sue. That means documenting the accident site and calling 911 if necessary. Victims should get immediate medical treatment as our lawyers review any waivers they signed, as well as other evidence, like surveillance footage from the go cart track.

The Carrion Law Firm’s personal injury lawyers can discuss your case for free with you when you call (718) 841-0083.

Is a Waiver of Liability Always Enforceable After a Go Cart Injury?

States address waivers of liability differently, though some commonalities exist, such as voiding waivers for ambiguous language or coercion. Furthermore, if a liability waiver goes against public policy or safety, the court may not enforce it.

Some states, like New York, directly tackle the issue of waivers for high-risk activities open to the public. For instance, under G.O.B. Law § 5-326, waivers signed for the use of recreational pools, gyms, or other public amusement places, including amusement parks, are void due to their conflict with public policy. When examining your case, our Bronx personal injury lawyers will determine whether this statute or any other provisions apply, potentially rendering any waiver you signed unenforceable.

Having participants sign waivers could encourage negligence on behalf of staff, especially if they are under the impression that neither they nor their employers can face civil action for lawsuits. Even if a waiver of liability initially seems enforceable in a case involving a go cart track, it might be against public policy if it goes against existing laws, making it void.

What to Do if You Sign a Waiver and Sustain a Go Cart Accident Injury?

If you sign a waiver and then, minutes later, you are injured in a go cart accident, do not panic. Instead, act as though you can file a claim and document the event as necessary. To do so, call 911, take photos of the scene, and get medical treatment.

Call 911

Start by calling 911. Depending on your injuries, you may need medical attention from paramedics. Furthermore, involving law enforcement can lead to an incident report, which our lawyers can help you obtain in the following days. If you feel compelled to call 911 but staff urge you not to, do not listen to them. Police officers can help process accident scenes and collect information on victims’ behalves so that they can focus on receiving immediate medical care.

Get a Copy of the Waiver

Ask for a copy of the waiver you signed. If staff members of the go cart track tell you that, by signing the waiver, you have no right of recovery and, therefore, do not need a copy of the waiver, do not listen to them. When initially signing a waiver of liability, take a picture of it so that you have a copy for your records in case of an accident. If you do not have a photo or the staff refuses to give you the waiver, our lawyers can get involved and subpoena the document if necessary.

Take Pictures of the Scene

The staff at the track will likely clean up the accident site quickly, and you might not be able to return to the site to get evidence. Because of this, the best thing to do is take pictures of the scene. If there is any debris on the track, photograph it. After accidents due to poor track maintenance, victims can take pictures of any obstructions or hazards that contributed to the accident. Photograph your immediate injuries as well, as this can help prove you were injured during the accident in question. Photos from the accident site might indicate gross negligence, which is enough to avoid many liability waivers.

Go to the Hospital

Since you should operate under the assumption that you can sue despite signing a waiver, get immediate medical attention. This is vital for your physical health and so that we have ample medical evidence for your case.

While the seriousness of your injuries will not inform the court’s decision about waiver enforcement, it will matter once you file your lawsuit and request damages. Victims need proof of their damages to recover compensation for losses, and medical damages are typically the most considerable costs victims face. Because of this, maintaining clear and organized medical records from your first visit to the emergency room onward is crucial, and our lawyers can assist with this when preparing your case.

Get Surveillance Footage

Go cart tracks typically have surveillance systems for security purposes. Getting footage from these systems immediately is important, especially if you plan to seek compensation against a negligent go cart track company. Even if your claim involves another party, like a negligent go cart manufacturer, we may need surveillance footage as it can show us, and the jury, exactly what happened and what went wrong. For example, if the waiver is void because of gross negligence, surveillance footage might show a staff member being extremely reckless.

Our personal injury lawyers can immediately contact the go cart track to request access to the footage so that it isn’t deleted or destroyed. Again, if necessary, we can subpoena footage to use as evidence in your case for compensation after a go cart accident.

Call Our Lawyers About Your Go Cart Accident Injury Case Today

Call our Long Island personal injury lawyers at (718) 841-0083 for a free case evaluation from The Carrion Law Firm.