Can I require customers to sign liability waivers in New York? What are the requirements?

Liability Waivers in New York

In New York, businesses can require customers to sign liability waivers, but there are certain requirements that must be met for them to be valid.

According to NY General Obligations Law § 5-326, a waiver of liability is void and unenforceable if it attempts to exempt certain types of recreational activities, such as skiing, from liability for negligence. However, this law does not apply to other types of activities or businesses.

To ensure that a liability waiver is enforceable in New York, the following requirements must be met:

1. The waiver must be clear and unambiguous in its language.
2. The waiver must be prominently displayed and not hidden in the fine print.
3. The waiver must specifically mention the risks that are being waived.
4. The waiver must not violate public policy or any applicable laws.

It is important to note that even if a liability waiver is valid, it may not protect a business or individual from liability for gross negligence or intentional misconduct.

Jurisdiction

New York

• General