Can I Still Sue if I Signed a Waiver?
The activities your children participate in daily can result in injury. It is not uncommon for a school-sponsored or public activity to require parents to sign a waiver before allowing your child to participate. Recently, there has been an increase in the number of parents who insist that other parents sign waivers for kids to take part in play dates or birthday parties. You may wonder whether such documents are legally binding. Can you really sign away your children’s rights to receive compensation if they suffer an injury?
Waivers have limits in New Jersey
Parents commonly labor under the misconception that once they sign such a waiver, they cannot bring a claim for any subsequent injuries regardless of whether the injuries were caused by someone’s negligence. Under New Jersey law, injury liability waivers are generally enforceable if:
They do not adversely affect the public interest.
They do not involve a public utility or common carrier.
They do not grow out of unequal bargaining power.
They are not unconscionable (i.e., shockingly unfair).
The party that is seeking the waiver owes no legal duty to the waiving party.
Never assume that a waiver you signed is enforceable. If you or someone you love suffered an injury because of someone else’s negligence, consult a New Jersey personal injury lawyer who can evaluate your case and determine whether you have a viable claim.