How a Construction Business Hired a Lawyer to Draft a Hold Harmless Agreement in New York

Hi, It depends on the hold harmless agreement language, subrogation language (if any) what you were aware of and not before signing, as well as why you were unaware of certain risks. The duty to disclose may not have been incumbent on the venue if the sports event carried risks apparent to anyone.

Hello! Yes. A hold harmless agreement can be an effective tool to limit your liability if someone is injured on your property during an event. When crafted correctly, these agreements require guests or renters to assume responsibility for any risks associated with the event and release you from liability for injuries or damages. However, the protection offered by a hold harmless agreement is NOT absolute, as courts may view them differently depending on the jurisdiction and circumstances surrounding the injury. For example, if an injury occurs due to gross negligence or intentional misconduct on your part, such as ignoring known hazards or failing to address unsafe conditions, courts are likely to find that a hold harmless agreement does not protect you. For instance, if there is a broken step on your property that you knew about but didn’t fix, and someone is injured, the agreement might not shield you from liability. Having guests sign a hold harmless agreement is a smart step, but it should ideally be part of a broader strategy. Best of luck! Dolan