You do it every time you take your child to Urban Air, Sky Zone, or Sky High. You sign a “Liability Waiver” when you first register your child at the facility. There is no option to avoid signing these documents while still allowing your child to participate. Are these waivers enforceable?
If your child was injured at one of these facilities, our Franklin personal injury lawyers can review your case and answer your questions.
Does Tennessee Enforce Liability Waivers?
Tennessee law clearly allows people to contract away the negligence of one party who hurts another party through simple negligence. There are some important exceptions, however, that do not allow “gross negligence or willful conduct or those involving a public duty” to be included in a liability waiver.
There is no question that if a minor child (under the age of 18) or an incompetent adult signs a waiver themselves, it means absolutely nothing. In law, minors are helpless.
The next question is, what if a parent signs a waiver on behalf of the child? The Tennessee Supreme Court has recently upheld longstanding case law holding that any agreement signed by a parent waiving the minor’s rights for harm (damages) in the event of an injury is ineffective to waive the rights of the child against the organization that caused the harm.
For a free legal consultation, call (615) 807 7900
What About “Indemnity Agreements”?
Sometimes companies will sneak in language trying to hold the parents responsible in the event the company has to pay the minor, by having the parents sign an “indemnity agreement” to repay the person/organization who caused the harm in the first place.
This is also of zero effect and worry for you, the parent. These “agreements” are invalid as they place the interests of the child or incompetent against those of the parent or guardian.
How Waivers May Affect Personal Injury Lawsuits
However, you should be aware that in some cases where your child has incurred significant medical expenses, and those same expenses will be paid by or billed to the parent who has signed the waiver, those medical expenses may be waived by the parent who signed the liability waiver.
You can get future loss of income, perhaps, but not the medical bills. One possible way around this is to have the parent who is the named insured under your health care policy NOT be the parent signing the liability waiver.
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Dangerous Mountain Coasters
In recent years, we have also seen tragic injuries on attractions like mountain coasters in Pigeon Forge and Gatlinburg, Tennessee. These attractions operate at high speeds, often with minimal oversight and uneven safety practices.
Mountain coasters are all over Tennessee, requiring signatures of similar waivers before participating. The same information applies to these coasters as an indoor attraction, like Urban Air.
Injured Child? Contact GriffithLaw Injury Lawyers
Your child’s safety should never depend on whether a company chooses to cut corners or hide behind a waiver.
At GriffithLaw, we understand that nothing is more important than family. We have extensive experience handling injury cases involving amusement parks, adventure attractions, and inadequate safety measures, and we know how to hold these companies accountable.
When the unthinkable happens, you deserve a team that will fight for your child, protect your family’s future, and demand the justice you are owed. That’s what I would want, and that’s why we are here to help you every step of the way.
Call (615) 807 7900 or complete a Free Case Evaluation form