In this article, New York lawyer Vito Cannavo, Esq. warns patrons of amusement parks and other recreational facilities not to assume that the “boilerplate” release printed on admission tickets bars them from bringing a lawsuit if they suffer injuries.
By Vito A. Cannavo, Esq.
Many places of public amusement or recreation require the patron to execute a release which purports to exempt the proprietor from liability for the owner’s ordinary negligence. Such a release may be a written agreement or, more typically, is “built in” by being printed on an admission ticket. Places such as a health clubs, ski areas, horseback riding facilities, water parks, golf courses and pools, among others, use these releases routinely.
New York General Obligations Law § 5-326, by its express terms, invalidates such an agreement where the proprietor’s facility is operated for amusement or recreational purposes and a fee is paid:
§ 5–326. Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence void and unenforceable
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, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.
It is important that the facility be for amusement or recreational purposes and a fee is paid. A patron should keep in mind that such releases may be enforceable at a facility that is instructional in nature. Decisions by New York courts regarding what constitutes a place of amusement, recreation or instruction are inconsistent and continue to be a subject of debate. A consumer who is injured at a recreational or instructional facility should not assume that he or she has no recourse because a waiver, release or exculpatory agreement was signed. A wise consumer who has been injured under these circumstances should consult a New York attorney experienced in premises liability.
Vito A. Cannavo, Esq New York attorney experienced in premises liability