ABA Family Legal Guide

Personal Injury

Negligence

Some Special Situations

My daughter, who plays on the local park's basketball team, brought home a note asking us to sign a form saying we won't hold the park district responsible for injuries. What is that?

You are talking about a waiver of liability that is intended contractually to release the organization from any liability should an injury occur. If you are worried about the safety of the activity, you should check out the facility and the coach before you sign the form.

If you must either sign such a form or deprive your child of the chance to participate in the activity, a court may hold that your waiver is not really voluntary and thus not valid. Furthermore, even in those states that recognize waivers, signing the waiver might not mean that you are giving up your right to sue entirely. If an injury results because of intentional or reckless behavior, you probably will be able to seek damages. Some states allow volunteer coaches immunity from actions in negligence if they complete a safety training class.