Are Liability Waivers Enforceable? Trampoline Park and Indoor Play Injuries in Montgomery County
Trampoline parks, indoor play areas, and indoor climbing gyms have become popular spots for weekend birthday parties, rainy-day activities, and other family gatherings. While these play areas are designed with safety in mind, accidents can, and do, still occur. Unexpected falls, dangerous landings, and reckless behavior can all lead to serious injuries in play zones.
Any parent who has visited an indoor play area knows that it is standard practice to sign a liability waiver before play. But after a child’s injury, parents may wonder how enforceable those waivers are. At Anthony C. Gagliano III, Esquire, P.C., our Montgomery County premises liability lawyer can carefully review any waiver you may have signed and advise you on whether legal claims may still be possible.
Pennsylvania Law and Liability Waivers
A liability waiver is a contract that play areas often ask parents to sign, limiting an individual’s ability to sue the play area owner for injuries or damages that occur while a child is at play. Waivers can be full written documents, a checked box on an online entry form, or even a statement on an admission ticket.
Pennsylvania law generally enforces liability waivers that parents sign as long as they are (1) not contrary to public policy and (2) a parent had the right to accept or reject the waiver and could choose not to participate if they were unwilling to sign the waiver or release. This means that suing for an injury that occurred at a trampoline park or indoor play area can be very difficult. If your waiver is valid, the court will consider you to have given up your legal rights. Only if your waiver is invalid may you bring a compensation claim.
Language Matters
The exact language of your waiver can make a significant impact on your ability to bring a claim. For example, while a waiver may mean that you acknowledge the risks inherent in a trampoline park and cannot sue for related injuries, it does not necessarily waive claims that arise from the negligent maintenance of the trampoline park or intentional misconduct by employees. Pennsylvania courts must review the language of waivers carefully and compare it with the precise facts of a legal claim to determine the extent to which a waiver applies.
Contact An Attorney For Help With Your Claim
Liability waivers are complicated, and Pennsylvania law is also subject to change. Pennsylvania lawmakers have recently introduced legislation that would limit the scope and effectiveness of liability waivers for recreational facilities. This means that contacting a knowledgeable Montgomery County premises liability lawyer, such as Anthony C. Gagliano, III, Esquire, is very important if you are dealing with injuries that occurred at a trampoline park or play area. You should not assume that your legal claims are precluded and instead take the time to speak with an attorney who can help evaluate the waiver you signed, the circumstances of your child’s injuries, and the current state of the law. For more information or to schedule a consultation, contact us today.