If you have a child in school, then there is a good chance that you have signed a liability waiver when your child was going to participate in a sport, go on a field trip, or something similar. Schools, as well as businesses, use these types of waivers in order to minimize their risk of liability in the event that something happens. When an injury happens during a school-related activity or event, does the waiver keep you from filing a lawsuit? Keep reading to learn the answers to some common questions.
Does a Liability Waiver Have to Be Signed?
While you are not necessarily required to sign a liability waiver for your child, it is important for you to realize that the school has the right to refuse to allow your child to go on a field or participate in a sport without the signed waiver. In the event that your child participates anyway, there is a risk that you will be unable to file a lawsuit since you and your child willingly and knowingly participated.
Does a Waiver of Liability Apply at All Times?
Not necessarily. There are certain instances when a waiver will not prevent you from filing an injury lawsuit. In a number of instances, the legal system will assume that the waiver doesn't apply when intentional wrongful acts or acts of gross negligence were involved. With that being said, you will be required to prove that the school acted with no concern or care for your child or that their actions diverted from the standard of care that a reasonable individual would offer to prevent harm in the same situation.
Should You Contest the Waiver Following a School-Related Accident?
In the event that gross negligence was indeed involved, you may want to consider contesting the waiver's validity. Another time you might want to contest is if the waiver does not meet all requirements for waivers in the state that you live in. As a general rule, the waiver must not be hidden in a document, such as printed in very small print that could go unnoticed.
In the majority of injury cases, the legal system will uphold waivers. Therefore, when your child is injured during a school-related activity, it is imperative you seek the legal advice of a professional. A lawyer will be able to review the waiver, perform an investigation of the incident, and determine whether you have a solid case against the school. For more information, contact a personal injury lawyer in your area.