I signed a waiver and then broke my arm 5 minutes later?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I signed a waiver and then broke my arm 5 minutes later?

I went to an indoor play place to celebrate Mother’s day. The first thing we did was a straight to ceiling climb. I climbed to the top with no way down. The employee said to get down the way I got up. I took 3 steps down and then fell, breaking my humerus. I will be in a brave for 3 months. Since I signed a waiver, is there no responsibility on the part of the company?

Asked on May 19, 2019 under Personal Injury, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is unlikely that you could successfully sue. 1) Falling is a known and obvious risk of climbing like this, so that it is exactly the sort of risk a waiver is most effective against. 2) You could presumably see from lower down or the ground that there was no other way down from the top (e.g. no stairs or slide), so that in climbing up there with no other visible way down, you "assumed the risk" of falling.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption