Re: Climbing Gym Injury - Negligence

Of course the waiver is not enforceable as a matter of public policy.

The real issue, as my colleagues have pointed out, is the 'assumption of the risk'. In this case that refers to the fact that you knew the mats were old and needed replacement. You say you overheard gym staff making such comments.

I think that the presence of 3 other similar injuries will overcome the 'assumption of the risk' problem. (We can counter with 'attractive nuisance'.) Sometimes its a 'chess-game', and you have many strong moves available.

Youy are welcome to a consultation for no fee. Email is best for scheduling.

Re: Climbing Gym Injury - Negligence

These waivers are sometimes not enforcible as against public policy. The bigger problem you may have is the assumption of the risk argument. But as you say, the issue will come down to whether your injury was inherent in the activity. It also makes a difference if you were in an instructional class versus recreational. My firm handles these type of cases on a contigency basis I would he happy to discuss you matter with you.

Re: Climbing Gym Injury - Negligence

The waiver is probably not your biggest problem. Frequently where a waiver seeks to waive all negligence (as here) it is found to be unenforceable. However, the real question is whether you "assumed the risk" inherent in this type of activity. Interestingly, in order to assume the risk, you must be aware of all the risks inherent. Therefore, a key issue will be whether you understood that the matts surrounding the area were inadequate. If you did not, then you could not have assumed the risk of the activity. Therefore, you likely have a valid claim.

I handle these cases and would be glad to speak with you at greater length. A full length consultation is free and I handle these cases on a contingency basis (meaning that my fee is paid out of any recovery I get for you).

Re: Climbing Gym Injury - Negligence

No, although certainly some waivers are enforced.

It depends on the definition of the establishment where you were climbing; was it a "GYM" for exercise, a playground or something more like an amusement park.?

Under the NY General Obligations Law amusement parks and entertainment parks cannot enforce waivers they force people to sign. Arguably this place might fall under this same or a similar section.

The most frequent dfense to the type of claim you discuss is an "assumption of the risk" inherent in the activity. Inadequate safety pads are frequently the cause of such accidents.