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Date: February 19, 2009
Subject: HRRV Attorneys Published in NY Law Journal
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FEBRUARY 2009 |
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Battle Lines Drawn on Enforceability
Nevertheless, contrary to the belief of many sporting event participants (as well as many event executives and organizers, many in the insurance industry and many members of the bar), such exculpatory language is often enforceable. What is most surprising is that in New York, whether a release signed in connection with participation in a sporting event is enforceable often rests on which court the personal injury action is commenced, since a split in authority has developed between the Second and Third departments of the Appellate Division. HRRV's Steve Rosenfeld and Carmen Nicolaou examined this issue in the February 11, 2009 issue of the New York Law Journal. |
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Participants in sporting events usually sign, as a precondition of participation, a form that in some way or another purports to release the event organizer from liability - even from the organizer's own negligence. Often, however, little thought is given to such releases, which could amount to a forfeiture of the right of recovery, particularly since the release language is often contained in a registration form, and generally not even presented to the participant, reviewed and/or signed until the day of the event.
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