What type of attorney could write a waiver form on “releasing me of liability” at my business?

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What type of attorney could write a waiver form on “releasing me of liability” at my business?

Asked on January 1, 2013 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best choices would either be a "transactional" attorney--one whose practice consists in large part of writing various contracts, agreements, and other legal documents, such as what's often called a contracts lawyer or a business attorney; an insurance lawyer (who will understand liability and how to waive, or avoid, it); or a personal injury attorney (who again understands liabiltiy and how to avoid it).

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Any good attorney can write the waiver as long as they fully explain to YOU what the law is in New York.  Such a waiver signed by anyone under 18 would most likely not held to be valid.  The waiver is a contract and minors can not legally contract - generally. You should also be leery of parents signing on the minor's behalf. Also understand that such waivers are subject to close judicial scrutiny. The law frowns upon contracts intended to exculpate a party from the consequences of his own negligence - that would be you - though with certain exceptions they are enforceable. There are also certain waivers and releases which are void as a matter of public policy under New York’s General Obligations Law, and ask the attorney to explain section 5-326.  Good luck. 


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