Tag Archives: instruction

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

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

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.