Tag Archives: G.O.L. 5-326

2016 Health Club Cases in New York — No Waivers

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By Doyice Cotten

Injuries occurring in health clubs in the State of New York can be problematic for club owners since protection against liability for negligence is ineffective in many circumstances – one being in places of amusement or recreation.  New York statute G.O.L. Sec. 5-326, passed in 1976, deems waivers void as against public policy under specific circumstances.  Specifically, the law provides:

[e]very covenant, agreement or understanding in or in connection with, or collateral to,

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

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Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

By Doyice Cotten

In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable, with a few exceptions. One major exception is New York General Obligations Law § 5-326, which provides:

Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing,

Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326

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By Doyice Cotten

In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326. The statute reads:

Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation,

A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability

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By Doyice Cotten

The rulings in three 2014 New York State cases ride on whether the purpose of the business or institution is primarily instructional or primarily recreational.

One-on-One Training Facility

In Kim v. Hanson (2014 N.Y. App. Div. LEXIS 8187), the plaintiff was engaged in a personal training program under the supervision and instruction of the trainer when he suffered an injury. The injury occurred at a one-on-one training facility; the plaintiff had previously signed a waiver of liability.

Redacted Waivers in New York Help Protect

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By Doyice Cotten

New York’s highest court has stated that disclaimers or releases of liability are looked upon with disfavor; however, absent conflict with statute or public policy, courts will enforce such contracts (Gross v. Sweet, 1979).  Factors used in determining enforcement include: 1) intent of the parties, 2) clearness and comprehensibility of the language, 3) parties’ awareness of the agreement, and 4) the frequency with which the releases appear in the type of transaction under consideration.

Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013

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By Doyice Cotten

Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.

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In Penunuri v. Sundance Partners, LTD (2013), the rider signed a pre-injury waiver prior to a guided trail ride. Lisa Penunuri was injured by falling from her horse when the horse unexpectedly accelerated to close the gap to the next rider.