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Waivers Of Liability At PA Recreational Facilities – Are They Enforceable?

 

A:

*Last updated on November 16, 2015

Many birthday parties and play dates are at facilities that provide hours of fun for children, such as trampoline parks, parkour facilities, moon bounce facilities, etc.  It is required that participants, adults and children alike, sign a waiver of liability before using these types of recreational facilities in Pennsylvania.  However, accidents and injuries can and do happen at these recreational facilities.  Do injured customers have legal rights?  Below is a question regarding this issue.

Question: My child was invited to a birthday party at a moon bounce facility in the suburbs of Pennsylvania.  She was injured at the party.  Can we sue for my child's injuries even though we signed a "waiver form" on behalf of our child?

Answer: Yes, you can still sue for your child's injuries even if you signed a "waiver form" on behalf of your child.  Pursuant to Pennsylvania law, though adults may sign away their own rights by signing a waiver of liability, they may not sign away their child’s rights.  In other words, the waiver does not have any effect with regard to the child's right to bring a case if there is actual negligence that caused the child's injury.

Almost always when we go to these types of recreational facilities or enter our children into a youth sports organization or children's sport, we have to sign a waiver.  When injuries happen, a lot of times parents are scared away from even talking to a lawyer due to the the fact that they signed the waiver.  Parents should talk to a personal injury lawyer in PA to discuss their child’s legal rights. 

Parents may file recreational accident injury lawsuits on behalf of their minor children to recover financial damages such as past and future medical expenses and pain and suffering.  It is important for parents to know that if they are suing on behalf of their minor child, they have 2 years from the date of the accident to do so. 

For a discussion on when minors can sue for an injury after they turn 18, see PA & NJ Personal Injury Law-How Much Time Do You Have To Sue?

If your child was injured while playing a sport or participating in a recreational activity, it is important that you talk to a lawyer about your child's legal rights and the circumstances surrounding the injury even though you signed a waiver. Feel free to contact our NJ and PA sports and recreation accident lawyers to discuss your child's legal rights at 877.944.8396.  FREE consultations.

Other Articles Regarding Waivers Of Liability In PA & NJ

These articles further discuss the validity of waivers of liability in PA and NJ for sports and other recreational activities. 

 


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