Is the Exculpatory clause effective in my friends case?

[benjaminmeth]

My friend who is an amateur bicyclist participated in a bicycle race conducted by a company I"'ll call "A". During the race, my friend was hit by an automobile. He claims that employees of "A" improperly allowed the car onto the course. "A" claims that it cannot be held liable to my friend because he signed a release exculpating "A" from any personal injury resulting from his participation in the race. Is the exculpatory clause effective?

 

[Zigner]

It might be. It depends. Your friend should speak to an attorney in whatever locality this occurred in (or, possibly, whatever locality is required by the documents he signed.)

 

[quincy]

My friend who is an amateur bicyclist participated in a bicycle race conducted by a company I"'ll call "A". During the race, my friend was hit by an automobile. He claims that employees of "A" improperly allowed the car onto the course. "A" claims that it cannot be held liable to my friend because he signed a release exculpating "A" from any personal injury resulting from his participation in the race. Is the exculpatory clause effective?

What is the name of your state?

There was a well-publicized accident case involving a member of a pit crew. He signed a liability waiver and a court held he could not collect on the injuries he suffered.

Facts matter - including the wording of the release of liability and the name of the state.

 

[Zigner]

OP has conspicuously failed to provide his state in any post thus far.

 

[quincy]

OP has conspicuously failed to provide his state in any post thus far.

Interesting. He apparently is not interested in answers to his questions then.

 

[benjaminmeth]

The state was New York

 

[quincy]

The state was New York

Thank you for providing the name of your (your friend's?) state.

The release of liability form should be personally reviewed by a New York attorney to determine if your friend has signed away his right to sue and collect damages from the company that organized the race.

It appears he has an action to pursue against the driver of the vehicle that hit him, at any rate, so consultation with a personal injury lawyer would be smart anyway.

 

[ALawyer]

Exculpatory Clauses Don't Provide Total Exculpation in New York

Thank you for providing the name of your (your friend's?) state.

The release of liability form should be personally reviewed by a New York attorney to determine if your friend has signed away his right to sue and collect damages from the company that organized the race.

It appears he has an action to pursue against the driver of the vehicle that hit him, at any rate, so consultation with a personal injury lawyer would be smart anyway.

As I understand things, your friend, based in New York, signed a form release that purported to exculpate the sponsor of a race held in New York from any liability in connection with the race.

Although the New York courts have upheld exculpation clauses in cases where what was involved was merely simple negligence, that does not necessarily mean "game over" if the facts support a showing that what was happened involved more than simple negligence.

Although New York law will uphold liability disclaimers or purported limitations on liability in the face of ordinary run of the mill negligence if (and it's a big "if") it can be shown that what was involved amounts to gross negligence or willful misconduct, as a matter of public policy, the exculpation or limitation on liability will not stand.

An example might be useful. Let's say the sponsor of the race hired a reputable company to put up warning signs and provide crossing guards at each dangerous intersection the race path would cross, but just before the race was to cross, one of the crossing guards had a heart attack, was taken from his post by ambulance, and then your friend was hit by a car that crossed the intersection. The race's sponsor did what a reasonable sponsor would do and likely would not be found negligent. (The driver of the car, on the other hand undoubtedly would be found negligent for not looking out for pedestrians and controlling his car.) Contrast that with the situation where the race sponsor knew there was a dangerous intersection, but failed to put up warning signs or post a guard. That might amount to gross negligence.

Your friend should see a lawyer who handles auto accidents or personal injuries in NY, and discuss it. Such lawyers almost always work on a contingency fee basis and are paid only a portion of the recovery they obtain for their clients.

 

[quincy]

A good New York case to review is Jackson v. BlackInk Tattoo Studio, Inc., Supreme Court of the State of NewYork, County of New York, November 22, 2014.

The Court said that if a waiver is not against public policy and its terms clearly and unequivocally release the party from all liability, it is (generally) enforceable, this even if the waiver releases the party from their own negligent acts.

Because it will be the exact wording of the waiver, combined with the facts of the accident, that will determine if the waiver adequately releases the race organizers from all liability, a personal review by an attorney will be necessary. It seems likely, however - absent fault on the part of the bike rider - that someone other than the bike rider can be held liable for the accident.