Recreational Activity Waivers and Child Injuries: Your Legal Rights
If you or a loved one suffered injuries in an accident caused by someone else, you’re not alone. An experienced personal injury attorney can help you navigate your legal options for compensation. Schedule a free consultation with Case Barnett Law to learn more.
As a parent, it’s your job to do everything possible to protect your children from harm. However, if you’re like most adults, you’re not around 24/7 to watch them. You have a career and other obligations that demand your attention, so you depend on other responsible adults to ensure your kids remain safe until you return. Unfortunately, that’s not always the case.
Although some child injuries are as simple as “kids being kids,” others represent a larger failure of the adults around them. These adults can be babysitters, friends of the family, and other caregivers. Still, in many cases, the adults watching your kids when you’re not around are teachers, school staff, coaches, and recreation facilitators. When these adults fail to
keep your children safe, you deserve a way to hold them accountable.
If your child suffered serious injuries during a recreational activity, you may be able to pursue compensation through a child injury lawsuit. However, these cases are complex, and certain obstacles—such as liability waivers—may limit your ability to pursue justice. In these situations, speaking with a Costa Mesa child injury attorney as soon as possible is critical.
This article will explore the intersection of child injuries and recreational activity waivers, specifically as they relate to liability, legal options, and your ability to secure the compensation your child deserves.
Unsure where to turn for legal advice? You can take advantage of a free case evaluation with Case Barnett Law to explore your eligibility to pursue compensation. If we decide to work together, you won’t owe us a dime until we win a settlement.
What Are Recreational Activity Waivers?
Recreational activity waivers, sometimes called “liability waivers” or simply “release forms,” are documents designed to protect certain parties from legal liability. In signing a recreational activity waiver, a parent or legal guardian theoretically relinquishes their right to sue the activity’s provider or related parties if their child is injured. Schools frequently require these documents to be signed before a student can participate in sports, field trips, events, and other activities.
Key Aspects of Release of Liability Forms
Recreational activity waivers serve several key purposes, the most important of which is protecting service providers from liability for injuries participants suffer during the activity. They are especially relevant in activities with increased risk of injury, including certain team sports and recreational activities.
Recreational activity waivers include several key aspects:
- Limited legal liability. Ultimately, waivers are a risk management tool organizations use to limit the potential for expensive litigation—a critical protection for non-profits and small businesses. However, waivers are not ironclad, and they do not hold up to legal scrutiny in certain circumstances.
- Informing parents and students about risks. Waivers are also important for alerting parents and students to the risks associated with certain activities, allowing them to make an informed decision about participation.
- Encouraging responsibility. By outlining the risks associated with a particular outing or activity, waivers encourage parents and students to take personal responsibility for ensuring safety.
- Ensuring compliance. In certain situations, recreational activity waivers are required to ensure an organization’s regulatory compliance.
In summary, recreational activity waivers serve several important functions, and while they offer some benefits to participants, they primarily benefit organizations and service providers. Additionally, the liability protection provided by waivers typically does not extend to injuries caused by gross negligence, intentional harm, and legal violations.
Can I File a Child Injury Lawsuit if I Signed a Waiver?
If your child was injured while participating in an activity for which you signed a liability waiver, you may be concerned about your eligibility to pursue legal action against the at-fault party.
However, their enforceability is not absolute, and signing a recreational activity waiver does not automatically disqualify you from pursuing a child injury lawsuit.
The best way to clarify your legal options is by soliciting legal advice from a personal injury attorney. When assessing your eligibility, an attorney will consider a few key questions, including the following:
- What was the nature of the conduct in the accident? If your child’s injury resulted from gross negligence, intentional actions, or misconduct by service providers, the signed waiver is unlikely to protect them from liability.
- Does the waiver contain ambiguous or unfair terms? California courts closely scrutinize liability waivers—especially in cases involving injured children and minors. If the court deems a waiver’s terms unfair, unclear, or particularly biased, it may not be enforceable.
- What is the scope of the waiver? A waiver’s enforceability may also depend on whether your child’s injuries were reasonably related to activities covered in the waiver. If your child was injured during an activity not covered by the waiver, you may have grounds for a lawsuit.
- Are there any significant public policy considerations? If enforcing a waiver may have considerable negative implications for other minors’ safety or the community, the court may choose not to implement it.
- Were procedural issues present during the signing? If you signed the waiver under duress, without a proper understanding of the terms, or without an opportunity to thoroughly review the terms, the waiver may not be enforceable.
As you can see, signing a recreational activity waiver isn’t always sufficient to disqualify you from pursuing a child injury lawsuit. However, determining eligibility is often complex and requires assistance from a legal professional.
Case Barnett Law: Leading Child Injury Lawyers in Southern California
If an adult’s negligent actions injured your child, you may be able to secure compensation through a personal injury lawsuit. Although signing a recreational activity waiver complicates the situation, it doesn’t automatically preclude you from getting the justice you deserve.
Have questions? Our team has answers. Contact Case Barnett Law online to schedule a free consultation with our Costa Mesa personal injury attorney team, or call our law office at (949) 409-0055 to speak with a compassionate injury attorney today.