I signed a waiver and then broke my arm 5 minutes later?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 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.
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