Before your child participates in many activities, you are often asked to sign a liability waiver. Whether it is a trampoline park, climbing gym, youth sports program, indoor playground, summer camp, or other recreational activity, these forms can feel intimidating.
They often contain broad language stating that you agree not to hold the business responsible if your child is injured.
Many parents reasonably wonder:
“If I signed this waiver, does that mean my child has no legal rights if something goes wrong?”
The answer is more complicated than a simple yes or no.
Under Florida law, parents may be able to waive certain claims involving the inherent risks of a recreational activity. These are risks that are naturally part of the activity and cannot be eliminated even when the business acts carefully. However, a waiver generally does not allow a business to escape responsibility when a child is injured because of negligence.
In other words, a company may not be able to avoid liability simply because a parent signed a form if the injury happened because someone failed to take reasonable safety precautions.
If your child was injured because of unsafe conditions, inadequate supervision, poorly maintained equipment, or an employee’s failure to follow safety procedures, the waiver you signed may not prevent your family from seeking accountability.
Understanding the difference between an inherent risk and negligence is one of the most important parts of understanding Florida child injury claims.
Imagine you take your child to an indoor trampoline park for a birthday party.
Before your child can participate, the facility requires you to sign a waiver. Like many parents, you review the form, sign it, and allow your child to enjoy the activity.
During the visit, something goes wrong.
A staff member fails to enforce safety rules. The facility allows too many children to participate at once. A piece of equipment is damaged but remains in use. Employees are not properly trained or fail to supervise the area.
Your child suffers an injury that could have been prevented if the business had followed proper safety procedures.
After the injury, the company or its insurance provider points to the waiver and says:
“You signed the form, so there is nothing you can do.”
That response may not tell the whole story.
A liability waiver is not a guarantee that a business can ignore safety responsibilities. Florida law recognizes that recreational activities involve certain risks, but businesses may still be held responsible when their own negligence causes a child’s injury.
Florida Statute § 744.301 addresses a parent’s ability to waive certain claims on behalf of a minor child. The statute recognizes that parents may release claims related to the inherent risks of certain commercial recreational activities if specific requirements are met.
So, what exactly is an “inherent risk”?
An inherent risk is a danger that is a natural part of the activity and exists even when the activity provider acts with reasonable care.
Examples may include:
These are risks that can occur even when proper safety measures are followed.
However, negligence is different.
Negligence happens when a business or individual fails to use reasonable care, creating an unsafe situation that leads to harm.
Examples of negligence at a child-focused recreational facility may include:
The difference is important:
An inherent risk is part of the activity itself. Negligence is a failure to take reasonable steps to prevent avoidable harm.
A waiver may address the first category, but it does not automatically eliminate responsibility for the second.
Florida courts have addressed this exact issue: whether a parent can sign away a child’s right to pursue a claim when a business’s negligence causes an injury.
Two important cases help explain how Florida law treats these waivers.
One of the most important Florida cases involving child injury waivers is Kirton v. Fields.
In that case, a 14-year-old boy was killed while riding an all-terrain vehicle (ATV) at a motorsports facility. Before participating, his father signed a liability waiver releasing the facility from responsibility for injuries.
After the child’s death, the issue before the Florida Supreme Court was whether a parent had the authority to waive a child’s future personal injury claim caused by negligence.
The Court held that parents generally do not have the legal authority to sign away their child’s right to seek compensation for injuries caused by another party’s negligence.
The decision established an important principle:
Parents can make decisions about their children’s activities, but they generally cannot give a business permission to act negligently without consequences.
A signed waiver does not automatically protect a company when an injury happens because the company failed to follow reasonable safety standards.
Florida courts have also considered situations where businesses attempt to use agreements to avoid responsibility after a child is injured.
In Claire’s Boutiques, Inc. v. Locastro, a 13-year-old girl suffered complications after having her ear cartilage pierced at a retail location. Her mother had signed documents related to the procedure, including provisions intended to limit the company’s responsibility.
The court found that the waiver was unenforceable and rejected an indemnification provision that would have required the parent to cover the company’s legal expenses.
The case reinforced an important principle:
Businesses cannot use contracts to avoid responsibility for their own negligent actions or force families to absorb the consequences of preventable harm.
While every case depends on its specific facts, Florida courts have repeatedly recognized that there are limits to what a parent can waive on behalf of a child.
A waiver may look intimidating, especially when it includes broad language about releasing claims for injuries or promising not to sue. However, the existence of a waiver does not necessarily end the discussion.
If a child is injured because a business failed to take reasonable safety precautions, possible examples of negligence may include:
Businesses that provide recreational activities have a responsibility to maintain their equipment and address known hazards.
Examples may include:
Many child injuries happen because there are not enough trained employees monitoring activities.
Examples may include:
Businesses that provide activities for children should ensure employees understand safety procedures.
Examples may include:
A company’s failure to follow established safety procedures can create unnecessary risks.
Examples may include:
These are not simply unavoidable risks of participating in an activity. They may be signs that a business failed to provide a reasonably safe environment.
Many parents sign waivers quickly because they want their child to participate. The forms are often lengthy and filled with legal terminology that can be difficult to understand.
Some waivers may include statements such as:
These statements can sound final, but the language in a waiver does not always determine whether it is enforceable.
Florida courts look at the circumstances surrounding the injury and the type of risk involved.
The important question is not simply:
“Did you sign a waiver?”
The more important question is:
“Was your child injured because of an unavoidable risk of the activity, or because someone failed to act with reasonable care?”
That distinction can determine whether a family may have legal options.
If your child is injured during a recreational activity, it can be overwhelming to figure out what to do next. You may be worried about your child’s recovery, medical bills, and whether the business will try to avoid responsibility.
A signed waiver should not stop you from learning about your legal options.
Here are some important steps to take after a child injury:
Your child’s health and safety should always come first.
Even if an injury initially appears minor, some injuries may not become obvious right away. Medical records also create important documentation about what happened, the treatment your child received, and how the injury affected their recovery.
As soon as possible, gather information about the incident, including:
Details can become harder to remember as time passes, so documenting what happened early can be valuable.
Do not throw away the waiver you signed.
The document may contain important information about what the business claimed you were agreeing to and what risks it attempted to address.
Also save:
These records may help determine whether the waiver actually applies to the situation.
Other parents, employees, coaches, instructors, or bystanders may have seen what happened.
Collect names and contact information if possible. Witness testimony can be important when determining whether safety procedures were followed.
One of the biggest mistakes parents make after a child injury is assuming that signing a waiver means there is nothing they can do.
That is not always true.
Florida law recognizes that businesses have a responsibility to provide reasonably safe environments, and a waiver does not necessarily protect a company from injuries caused by negligence.
Before accepting that you have no options, it may be worth having an attorney review what happened.
When a child is injured because of someone else’s negligence, the damages available will depend on the circumstances of the case.
Potential compensation may include:
Every child injury case is different. The value of a claim depends on factors such as the severity of the injury, the impact on the child’s life, and whether another party was legally responsible.
Waivers are common. Parents sign them every day because they want their children to participate in activities, learn new skills, and have fun.
But signing a waiver does not mean a business can ignore safety rules or avoid responsibility for preventable injuries.
Florida law recognizes an important difference between the normal risks that come with an activity and injuries caused by negligence.
If your child was injured because a business failed to take proper safety precautions, it may be worth having the situation reviewed.
At Neal & Solevilla Personal Injury Lawyers, we help Florida families understand their rights after serious injuries. Our team can review what happened, explain how Florida law applies, and help you determine the next steps.
This article is for general information only and does not constitute legal advice. For advice on a specific situation, contact Neal and Solevilla for a free case review.
Generally, parents cannot waive a child’s future claim for injuries caused by another party’s negligence. However, Florida law recognizes that parents may waive certain risks that are inherent to recreational activities.
Not necessarily. A trampoline park waiver may cover certain risks naturally associated with the activity, but it may not protect the business if your child was injured because of negligence, such as unsafe equipment, inadequate supervision, or failure to follow safety procedures.
Some portions of a waiver may be enforceable, particularly those involving inherent risks of an activity. However, Florida law places limits on waivers that attempt to release businesses from responsibility for negligent conduct.
Negligence occurs when someone fails to use reasonable care and that failure causes harm. Examples may include unsafe equipment, poor supervision, inadequate employee training, or failure to correct known hazards.
The deadline for filing a claim involving a child injury depends on the facts of the case, including the type of claim and the parties involved. Because deadlines can vary, parents should speak with an attorney as soon as possible after a serious injury.
It may be beneficial to have an attorney review the circumstances of the injury. A waiver alone does not always determine whether a business can be held responsible.
