Can a Waiver of Liability for Personal Injuries Be Legally Enforced in NJ?

When participating in certain activities in New Jersey, you might be asked to sign a waiver of liability.  These waivers, sometimes called release forms, aim to protect businesses from being sued if you get injured.  But are these waivers always ironclad?  The answer is not always a simple yes or no.  New Jersey law recognizes waivers but also places limits on their enforceability.  

This blog post will explore the nuances of liability waivers in New Jersey and what it means for you if you’ve been injured after signing one.

What Is a Waiver of Liability?

A waiver of liability is a legal document that releases a party (such as a business or property owner) from responsibility for injuries that may occur during an activity. By signing, you acknowledge the risks involved and agree not to hold the other party liable for injuries.

Businesses and organizations often use waivers to protect themselves from lawsuits, but that does not mean they are always legally binding in New Jersey.

When Can a Waiver of Liability Be Legally Enforced in NJ?

New Jersey courts generally uphold liability waivers, but they must meet certain conditions to be enforceable:

• The waiver is clear and unambiguous – It must explicitly state that you are releasing the party from liability for negligence.
  
• The waiver does not violate public policy – If enforcing the waiver would be against the public interest, courts may strike it down.
  
• The injury was not caused by recklessness or intentional harm – Waivers cannot protect a business or individual from liability if their actions were reckless or intended to cause harm.
  
• The signer had an opportunity to review the terms – Courts may not uphold waivers that were rushed, hidden in fine print, or signed under pressure.

When Are Waivers of Liability Not Enforceable in NJ?

Even if a waiver seems airtight, several situations can render it unenforceable in New Jersey:

• Gross negligence or recklessness: A waiver will not protect a business if your injury resulted from their gross negligence, recklessness, or intentional acts. For example, a gym cannot use a waiver to shield itself from liability if a staff member intentionally drops weights on a patron.
  
• Violation of public policy: If enforcing the waiver would violate established public policy, it may not be upheld. For instance, waivers that attempt to waive liability for injuries caused by violations of building codes might be deemed invalid.
  
• Unequal bargaining power: If there’s a significant imbalance in bargaining power between the parties (e.g., a patient signing a waiver before emergency medical treatment), a court might find the waiver unconscionable and unenforceable.
  
• Minors: In New Jersey, waivers signed by minors are generally not enforceable. While there are exceptions, courts are particularly protective of children’s rights.
  
• Contract of Adhesion Issues: As mentioned earlier, because these are contracts of adhesion, courts may choose not to enforce them if they are deemed unreasonable. The specific language, the parties’ negotiating positions, the amount of compensation sought, whether the enforcing party owes a legal duty to the injured party, and how public interest is affected by the contract are all taken into consideration.

Waivers of Liability in Different Types of Cases

The enforceability of a waiver can vary depending on the specific circumstances and the type of case. For instance:

Gyms and Fitness Centers

Most gyms require members to sign waivers, but these waivers do not cover injuries caused by faulty equipment, inadequate supervision, or poorly maintained facilities.

Amusement Parks and Recreational Activities

New Jersey law often upholds waivers for high-risk recreational activities, but these waivers do not protect parks from liability if they fail to maintain safe conditions.

Medical and Healthcare Facilities

Waivers in healthcare settings are heavily scrutinized. Patients cannot waive their right to sue for medical malpractice in New Jersey.

What to Do If You Signed a Waiver and Were Injured

Even if you signed a waiver, you may still have legal options. Follow these steps:

• Seek Medical Attention – Your health comes first. Keep records of your injuries and treatments.
  
• Preserve Evidence – Take photos of the accident scene, obtain witness statements, and save a copy of the waiver you signed.
  
• Do Not Assume the Waiver is Enforceable – Many factors determine whether a waiver is valid in New Jersey.
  
• Consult a Personal Injury Lawyer – A lawyer can review your case, assess the waiver’s validity, and determine if you have grounds for a claim.

Need Help? Consult with Our Personal Injury Lawyers Today for Free!

If you were injured despite signing a waiver, do not assume you have no legal recourse. New Jersey law provides protection against unfair liability waivers, and you may still have a valid claim.

At Rosengard Law Group, we fight for injury victims’ rights and offer free consultations to evaluate their cases. There are no upfront fees—we only get paid if we win compensation for you.

Call us today at (856) 284-6446 or fill out our online contact form to speak with an experienced personal injury attorney.