Validity of the Liability Waiver

Attorney Ben Schwartz talks about the validity of the liability waiver and explains why you need a judge to decide, and it is going to depend on the language in the waiver.

Validity of the Liability Waiver

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from a father in Dover, Delaware. He says, “I took my kid to a trampoline park, unfortunately my kid got injured. Before going into the park, I signed a liability waiver and is that valid?” The question of the validity of the liability waiver is going to be something that you need a judge to decide, and it is going to depend on the language in the waiver. It is going to depend on a lot of different factors, Generally speaking, what the court is going to look at to determine if that waiver is valid is, did you or your child assume the risk? Is the risk of harm, whatever caused the injury, is it something that you would expect to happen in a trampoline park?

By signing that waiver, did you say well yeah, that is something that we expect could happen. We undertake that risk, we do this knowing that the risk exists. If that is the situation, then you are probably going to find that a court says yeah the waiver is a valid defense to a personal injury case. If the risk is something other than what you would expect in a trampoline park or if the waiver does not squarely say that you take on the risk, than a court is probably going to say it is not a valid defense to the personal injury lawsuit.

This is a topic that is near and dear to my heart. I have two kids. One is 10 and the other is 5 right now. We do stuff on the weekends, we go to trampoline parks, we go have fun. We are talking about going zip lining and there are all kinds of stuff that we do when we go on vacation. It always crosses my mind, like should I really be signing this waiver in order to go into this park or going to this event.

I would like to know what do people out there who are watching this video think. If you are a parent or if you are a business owner, what is your view on this? Should there be liability waivers? Is it something that a parent should be able to do on behalf of a child? In other words, should a parent be able to waive civil liability in a personal injury lawsuit on behalf of their child who’s a minor? I would be interested to know what people think. It is a very interesting topic to me and if you have a question about a liability waiver, send me an e-mail below. If you have a question that you would like to see answered on the internet in video format like this, send me an e-mail. Thanks for watching.

Validity of the Liability Waiver

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