Taking your kids to a trampoline park, go-kart track, or amusement center should be a fun experience. But when you’re asked to sign a waiver, you might unknowingly agree to cover any injury-related costs—even if the facility was negligent.
Under Texas law, these waivers are complicated, and while some protections exist, parents could still end up shouldering high medical bills. Before signing a waiver, here’s what you need to know that could impact your child’s well-being and financial security.
What Are Waivers, and Why Do They Matter?
Waivers are legal documents designed to release businesses from liability for injuries or accidents. Most waivers at kids’ activity parks include language that forces parents to accept responsibility for all potential risks associated with the venue’s activities, which means signing could limit your options if your child is hurt.
Although Texas law sometimes restricts a business’s ability to enforce waivers for minors, in many cases, parents still end up paying out of pocket for treatment, rehabilitation, and ongoing care.
The Financial Reality: What Happens If Your Child Gets Hurt?
The financial consequences of a waiver can be staggering. Once you’ve signed, you might be unable to pursue any claims against the business for reimbursement—even if the injury occurred because the facility was negligent.
Many amusement parks, trampoline centers, and similar venues rely on waivers to protect themselves from paying damages, and most parents don’t realize how binding these documents can be.
Many injury claims involving minors at amusement venues were dismissed due to waiver agreements, leaving parents responsible for medical bills. If you have private insurance, it may cover some costs. However, high deductibles and co-pays can still leave families struggling to pay the full amount, especially for serious injuries like fractures, concussions, or spinal injuries.
Texas Law and Waivers: What Parents Need to Know
Texas courts have historically been tough on waivers for minors, but they often uphold these agreements when a parent has signed on the child’s behalf. Texas courts generally don’t allow children under 18 to enter binding agreements, but when a parent signs a waiver for a minor, the waiver can still be enforced under certain circumstances.
This makes it crucial for parents to understand that signing a waiver could limit their ability to hold a business accountable, even if that business was negligent.
Can You Hold a Business Accountable if Negligence Is Involved?
One of the biggest misconceptions about waivers is that they can protect a business in every instance, regardless of negligence. While waivers do limit liability, they don’t necessarily shield a business if there’s gross negligence or intentional misconduct.
Proving negligence can be a complicated and costly process, and many parents find themselves shouldering the financial burden alone because the waiver makes claims more difficult.
For example, suppose a go-kart facility failed to maintain its equipment, leading to a crash that injured a child. If the parent signed a waiver, Texas law might still allow them to sue for gross negligence, but proving this level of fault is an uphill battle.
In most cases, these businesses will use waivers to argue that parents assumed all risks and, therefore, cannot hold the facility responsible.
The Financial Burden of Signing a Waiver: What Insurance Won’t Cover
Insurance often doesn’t cover all the costs associated with serious injuries, especially in high-risk venues like amusement parks. Many policies include fine print that excludes coverage for injuries sustained in “high-risk” environments, leaving parents responsible for all costs, including ongoing treatments, physical therapy, or surgeries.
These financial hardships can be even more daunting if you’ve signed a waiver. With no possibility of seeking compensation from the venue, parents often bear the brunt of these expenses alone, which can devastate many households.
What Should You Do Before Signing a Waiver?
- Read Carefully: Don’t assume a waiver is standard or that it will have no impact. Read every clause to understand what risks you’re accepting.
- Ask Questions: Inquire about the facility’s safety protocols, maintenance schedules, and what kind of liability insurance they carry.
- Consider the Risks: If the venue has a history of injuries or doesn’t appear well-maintained, think twice before agreeing to sign away your child’s rights.
When to Consult a Fort Worth Personal Injury Lawyer
If your child has been injured despite signing a waiver, consult a Fort Worth personal injury lawyer as soon as possible. Experienced attorneys can evaluate the injury’s circumstances and determine if the waiver can be challenged. While waivers make legal claims more complex, they don’t necessarily bar every case—especially if negligence can be demonstrated.
A top-rated personal injury lawyer in Fort Worth will help you understand your rights and options, guiding you through the legal landscape if you pursue a case. With medical bills mounting and the possibility of long-term effects on your child’s health, knowing your options is essential.
Waivers Aren’t Just a Form—They’re a Financial Decision
Signing a waiver at a child’s play venue is more than a formality—it’s a serious financial decision. These waivers can protect businesses and leave parents financially responsible for injuries, even when a facility’s negligence is involved.
Understanding the implications of signing a waiver, especially under Texas law, can help you make the best decision for your child’s safety and your family’s financial health.
