Most parents have experienced it.
Your child wants to participate in a sporting event, rodeo, camp, field trip, church activity, or recreational program. Before they can participate, someone hands you a form and says:
“Please sign this waiver.”
The message is usually clear: if you don’t sign, your child cannot participate.
Most parents sign without giving it much thought. The activity appears safe. Other parents are signing. The child is excited and ready to go. Nobody wants to be the parent who says no.
But what happens if your child is seriously injured?
Have you given up your rights? More importantly, have you given up your child’s rights?
The answer is not nearly as simple as many people believe.
Why This Question Matters
Liability waivers have become a routine part of childhood activities. Whether it’s youth sports, summer camps, school trips, rodeos, trampoline parks, or recreational events, organizers often require parents to sign documents intended to limit liability before a child is allowed to participate.
Many parents assume that once they sign a waiver, there is nothing that can be done if their child is later injured.
That is not always the case.
The enforceability of a waiver depends on numerous factors, including the language used, the circumstances surrounding the injury, the conduct of the parties involved, and the applicable law. What may appear to be a strong waiver at first glance may not necessarily prevent every claim.
Missouri law adds another interesting consideration. Under Missouri law, settlements involving significant injury claims of minors generally require court approval before they become binding on the child. The purpose of this requirement is to protect the interests of minors and ensure that any settlement is fair and in the child’s best interests.
This raises an important question.
If Missouri law often requires court approval before a child’s injury claim can be settled after an injury occurs, how can a parent completely waive a child’s future claim before any injury has even happened?
The statute does not directly answer that question, and the law in this area is not always clear. Courts often examine the specific language of the waiver, the nature of the activity, and the facts surrounding the injury before deciding what effect, if any, the waiver should have.
For that reason, parents should be cautious about assuming that a signed waiver automatically ends the conversation.
When a Child Is Hurt Despite Safety Promises
Our firm recently represented a young girl who was injured while participating in a children’s rodeo event.
To protect the privacy of those involved, certain details have been changed.
Like many family-oriented events, the activity was marketed as a fun opportunity for children to participate in a controlled environment. Before the event, the child’s mother was presented with paperwork that included waiver language.
Like most parents in that situation, she signed the paperwork so her daughter could participate.
During the event, however, the child suffered a significant injury.
What followed was not a simple question of whether a waiver existed.
Instead, numerous issues arose.
What safety measures had been promised to participants?
What safety measures had actually been implemented?
Who was responsible for supervising the activity?
What role did the event organizers play in protecting the children who participated?
And perhaps most importantly, did the waiver actually prevent the injured child from pursuing a claim?
Those questions became central issues in the case.
Ultimately, the matter was resolved, but not because everyone simply accepted that the waiver automatically barred recovery. As is often the case, the specific language of the documents and the circumstances surrounding the injury mattered.
The experience served as an important reminder that a signed waiver is often the beginning of the legal analysis—not necessarily the end of it.
What Parents Should Know
If your child participates in activities that require liability waivers, there are several important things to keep in mind.
Read the Waiver Before Signing
Many waivers are signed while standing in line, checking in for an event, or trying to keep up with excited children. Taking a few minutes to understand what the document says can be valuable.
Keep a Copy
If an injury occurs, the exact language of the waiver may become extremely important. Whenever possible, keep a copy of anything you sign.
Save Event Materials
Advertisements, registration materials, websites, emails, social media posts, and safety representations can become important evidence if questions later arise regarding what participants were told to expect.
Document the Incident
If an injury occurs, take photographs, obtain witness information, preserve communications, and make notes regarding what happened while the details are still fresh.
Don’t Assume You Have No Claim
One of the most common things we hear from parents is:
“I signed a waiver, so I figured there was nothing I could do.”
Sometimes a waiver may present significant obstacles to a claim. Sometimes it may not. Every situation is different, and the answer often depends on the specific facts and circumstances involved.
Final Thoughts
Parents are frequently placed in a difficult position. Their child wants to participate in an activity, and participation often requires signing a waiver. Most parents do what they believe is best under the circumstances.
But if your child is injured, do not automatically assume that a signed waiver means the matter is over.
The enforceability of liability waivers involving children is often a fact-specific and case-specific issue. The language of the document, the nature of the activity, the circumstances of the injury, and the applicable law can all play an important role.
If your child has been injured while participating in a sporting event, camp, recreational activity, school function, or similar event, it may be worthwhile to have the waiver reviewed before concluding that no claim exists.
The personal injury attorneys at Harper, Evans, Hilbrenner & Netemeyer are available to review the facts of your situation and help you understand your options.
This article is intended for informational purposes only and does not constitute legal advice. The events described above are based on an actual case handled by our firm. Certain names and identifying details have been changed to protect the privacy of those involved.