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If I Sign a Waiver Can I Still Sue If My Child Gets Hurt?

There are many instances in life when you may have to sign a waiver on behalf of your child. For instance, perhaps you need to sign a waiver when your child participates in a sport or plays at a theme park. You may then wonder what legal options you might have if your child is hurt even though a waiver has been signed stating that there are risks associated with the activity. Where do you turn in these situations?

At Maison Law, we believe that protecting your child from harm comes first and foremost as a parent. When another party has caused harm to your child, where do you turn for help? Our attorneys are here to help you and your child after they have sustained injuries in a preventable accident. We will help you identify all liable parties and meet deadlines in your claim so that you can successfully move forward during these times of turmoil. Please contact us today for a no-obligation case review.

A Company’s Responsibility for Your Child’s Safety

You may believe that, just because you signed a waiver, you cannot bring a legal claim against a company after your child is injured. This is not exactly true depending on the circumstances of the accident. The truth is, a company still owes a legal duty of care to protect your child from harm. The waiver does require that you accept all responsibility on behalf of protecting your child if they are utilizing an area in a normal way. However, what happens when a business makes a safety error and it leads to an accident? In these circumstances, they can still be held liable for harm.

Let’s say that you sign a waiver for your child to play in an indoor play area. It could be you and your child’s responsibility to handle injuries that result from a child breaking the rules and playing in a dangerous area that is not part of the play area. However, it could still be the company’s fault if a child was injured when playing on a normal piece of playground equipment that was defective or not properly cared for by the company.

Here are some other examples of proper safety on behalf of a company:

  • Making sure there is enough on-hand staff to handle the number of children attending an event
  • Properly maintaining the grounds on which a child is playing
  • Making sure to show any demonstration videos before a child plays

A company must still do everything to its knowledge to keep your child and others safe from harm. If an accident occurs, liability could still fall onto a company under these select circumstances.

Lack of Knowledge or Willingness During a Waiver Signing

It is true that not every waiver is signed in a completely willing manner. On top of this, not every person is informed of the information within a waiver when they sign. A waiver might not actually apply if the following circumstances are true:

  • You were coerced to sign the waiver even though you didn’t want to
  • The child was too young to sign the waiver on their own but the business “accepted” it anyway
  • The waiver was too difficult to understand
  • The waiver was fraudulent or provided fake information

As you can see, there are many circumstances in which a waiver may not stop a business from accepting responsibility for injuries that stemmed from your child’s accident. You have options under California law and should speak with a legal advocate about your unique circumstances as soon as possible.

The Next Time You Sign a Waiver…

Signing a waiver may be mandatory as it concerns your child participating in activities in the future. Unfortunately, far too many individuals sign waivers on behalf of their children without actually reading what is laid out before them. It is important to carefully read every section of an agreement so that you understand what you are signing. You should never feel pressured to sign without fully understanding the information that is given to you, as safety is top priority.

You should also keep in mind that sometimes a business will only have you sign a waiver because they do not want to be responsible for children in any way. There could be specific risks in an area or while playing a certain activity that you would want to be alerted to under ordinary circumstances and perhaps the business does not think this is important. It is crucial that you understand what you sign and a business’s intentions.

Contact a California Personal Injury Lawyer for Your Child Today

No parent wants to be confronted with the reality that their child has been hurt in a preventable accident. This devastating and frightening reality happens far too often due to the negligence of businesses across California every year. If your child has been hurt in an accident and you believe that another party is to blame, it is important that you understand your legal options moving forward.

Maison Law works to protect the rights of children and their families after a life-altering accident. As your child works on their physical recovery from an accident, you should not have to worry about the stress of bills that pile up against you. It can be beneficial to speak with a California personal injury lawyer who has knowledge of handling claims on behalf of injured children. Please contact us today for a no-obligation and completely confidential case review.

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