A: In sports and recreation cases in New Jersey, waivers of liability are generally upheld. Absent fraud, concealment, duress or misrepresentation, waivers of liability in New Jersey will be enforced unless they are 1. unconscionable or 2. enforcement implicates public policy. Also, waivers will not be enforced if they seek to limit liability for intentional or reckless conduct.
It is crucial to analyze the specific facts of the case. Each case is different and there is no way to know for sure unless an experienced, knowledgeable attorney reviews the case.
We see such waivers in many sports accident cases involving: