Legal Question in Civil Litigation in New York

Release of Liability

My parents allow their son (my brother) to use their house / yard for visitation with his children every Sunday. The yard contains a pool, trampoline, and swings. Unfortunatly their mother has sued several property owners (and won) when the kids have been hurt on their property. Is there any Release of Liability form that I can get that would release my parents from all liability if the kids are hurt on their property. They would hate to have to discontinue the visitation because of fear of a law suit. My brother (kids father) is willing to sign a release form. Also, would the release form be enforcable if the mother has sole legal custody.

Any help would be greatly appretiated.


Asked on 7/25/07, 9:22 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Release of Liability

Yes there agreements known as hold harmless agreements, or waivers of liability. The forms are not always permissible, usually are signed after an accident happens, but they do not exist in a vacuum. Generally, it would be enforceable so long as there was not a truly dangerous condition on the premises that caused an accident. It should suffice to prevent the signing parent from bringing a suit against your brother's parents, but it might not prevent the child, if actually injured in such an accident, from bringing a lawsuit once he grows up.

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Answered on 7/26/07, 6:23 am


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