What is New York’s General Obligations Law § 5-326?
We’ve all done it. You signed a waiver at the gym, amusement park, recreational facility or pool without reading the fine print. Most assume that signature means: “If I get hurt, I’m on my own.”
Luckily, in New York, that’s not necessarily true.
Under General Obligations Law § 5-326, if you pay to use a recreational facility, like a gym, swimming pool, amusement park, or fitness center, any waiver that tries to release the business from liability for its own negligence is “deemed to be void as against public policy and wholly unenforceable.” In other words, you cannot simply sign away your right to reasonable safety when you have paid to be at a recreational facility that should be safe.
For example, in the case of Leftow v Kutsher’s Country Club Corp., the Plaintiffs purchased a membership in the defendant country club which entitled them to use certain recreational facilities operated by the defendant, including tennis courts. The plaintiff (Jerome Leftow) was injured while using one of those tennis courts. Despite Mr. Leftow signing a waiver, the Appellate Division held that the club’s “hold harmless” clause was void under General Obligations Law § 5-326.
This law exists in New York because the legislature believes that public-facing businesses should not escape responsibility just because they printed a few lines of legalese for you to sign while in a New York rush. If a facility was still negligent – a treadmill was broken, a floor was slick, or safety measures were ignored – the business still owes you a duty of care.
While there are a few exceptions to the rule – for example, that “instructional facilities” are exempt – poorly written waivers or clear negligence can still open the door to recovery.
At PTGB Law, we have seen many clients who wrongly assume they had no claim after signing a waiver. Once we reviewed their case, they discovered the law was on their side.
The fine print might not be so final after all. If you were injured and think a waiver prevents you from seeking justice, contact Porter Thomas Grabell & Baumwoll, P.C. today for a free consultation. Our attorneys will help you understand your rights and fight for the recovery you deserve.
