Legal Question in Personal Injury in New York
Consent Form
My company owns a parking lot that employees are allowed to use free of charge. They are issuing permit tags to hang from the rear view mirror of the vehicle. In addition to this permit, they are asking each employee to sign a ''Personal Consent and Release'' form. It states ''I waive any and all claims against and will not hold (company) liable for any theft or vandalism of personal property, and I agree that I will not hold (company) liable for any personal injury. I hearby release (company) from any and all claims, liability, actions or demands whatsoever in connection with my parking on the lot.'' My concern is with the personal injury waiver, is this legal if it is still on company property?
2 Answers from Attorneys
Re: Consent Form
In most cases the release would be immaterial since with rare exceptions you would not be able to sue your employer for injuries incurred while in the course of your employment. All such injuries would be covered by workers compensation.
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Re: Consent Form
My colleague is correct. An injury would be considered "incidental to employment" and covered under the workers compensation laws.
However, it is still a good idea because the release would limit your company's liability to the workers comp premium.
I recommend that your release indicate the type and extent of security that you provide for the parking lot.
You are welcome to contact me for other questions or to review the release in its entirety for no fee.
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