Summer is coming and with it summer activities for children. Sports, swimming lessons, summer camp are just some of the fun things our children like to do in the summer. As parents, we are presented with waivers, disclaimers, release of liability forms, and other similarly named documents. In these documents we agree not to sue or to “hold harmless” the providers of activities or camps in the event that our children are injured. When you sign these, are you really agreeing not to hold them accountable if they injure your child?

The effectiveness of waivers varies from state to state. In Missouri releases of liability are not affective in cases where the conduct is willful, intentional, or beyond mere negligence. They are also not generally favored so they are “strictly construed” against the person or entity receiving the benefit.

In Missouri the release must be “clear, unambiguous, unmistakable, and conspicuous” to release someone from their own future negligence. The language must be understandable to the average person. A parent reading the release should be able to readily ascertain that it is a document exonerating the other party from liability if, due to their negligence, that parent’s child is injured. If you need a law degree to understand it, it probably doesn’t meet the standard. It can’t be hidden. If the language releasing someone from liability is difficult to find in the document, it may not be invalid.

When it comes to children, there is some question in this state whether a parent can waive liability for the child’s injury. But the same rules apply. The release still cannot waive willful, intentional, or grossly negligent acts and must be clear and conspicuous.

If your child is injured and you have signed a waiver or release, do not assume you have no recourse. Consult an attorney who handles cases of injured children. At Tatlow, Gump, Faiella and Wheelen, LLC we have experience representing injured children and their parents.

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