Are daycare waivers valid?

On Behalf of | Mar 1, 2021 | Personal Injury

Parents with very young children may find placing the young ones in daycare unavoidable. With no one at home while the parents work, putting a child in daycare allows someone to supervise the child. Daycare center owners often take steps to protect their financial interests. Requiring Texas parents to sign a liability waiver may be a condition of the deal. Parents may worry that the waiver takes away their rights to sue if they sign, but daycare centers might find the waivers end up offering less than blanket protection.

Liability waivers and their limitations

A liability waiver could present a clause that states parents free the daycare center from all liability for injuries inflicted on the child. Such clauses and language might be dubious. If a daycare worker left a child unsupervised for several hours and the child hurt him or herself, the waiver might not stand up in court. The same could be true in the terrible instance where a daycare worker physically abused a child.

Ultimately, a daycare center won’t likely gain a legal waiver protecting it from negligence. Interestingly, a parent may not be able to waive the child’s right to sue. So, the liability waivers come with limitations.

Negligence and daycare centers

Daycare centers have a duty to care for those enrolled, and not supervising the child or failing to provide a safe environment could open doors to negligence. For example, not taking action when a child appears sick might open doors to a negligence suit if the child’s condition worsens.

Parents not sure about the impact of language in a daycare waiver could show the document to an attorney. The attorney may provide an assessment of its legal limitations.

Daycare injuries might lead to serious problems for a child. Parents or guardians with concerns about any injuries could contact an attorney.