Legal Question in Personal Injury in Kansas

Do liability waivers signed by a parent for a minor participating in a sport, hold up in court?

i.e Can a parent sign away their childs right to sue?


Asked on 8/15/11, 8:37 am

1 Answer from Attorneys

Anthony Smith LawSmith

Minors normally cannot waive liability, but must act through a best friend, such as a parent or guardian. The effect of a supposed waiver is a very fact-specific determination. One woudl ahve to examine the supposed waiver and compare it to the injury or damages experienced, along with the causes for such losses. In some cases a blanket written waiver can be effectice to protec a tort feasor (sports stadium, league, etc.) from claims for physical injuries suffered by a minor participating in a sporting event. In other cases, the clarity of the waiver or the causation of the injuires and damages make a supposed waiver ineffective to prevent a successful suit for damages.

It is impossible to give you a definite answer based upon your general question. If you are concerned about a specific incident or child, you should consult direclty with a personal injury or insurance defense lawyer in your area. many offer a free or low cost initial consultation. Give them all the specific information and doucments you have related to the situation, and be available for follow-up questions from them.

Good luck

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Answered on 8/16/11, 1:04 pm


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