Waiving liability: Is it ironclad?

It was a most amazing story in the news recently: as reported by kbtx.com, a young girl was taken skydiving by her father for her sixteenth birthday, something she had always wanted to do.

2014-03-22

March 22, 2014 (Press-News.org) It was a most amazing story in the news recently: as reported by kbtx.com, a young girl was taken skydiving by her father for her sixteenth birthday, something she had always wanted to do. She was taking a static-line jump, where the parachute is supposed to open when the jumper exists the plane. Jumping out of the plane at 3,000 feet, the girl's parachute failed to open properly and she spiraled to the earth. Amazingly, she not only survived, but was expected to leave the intensive care after only a few days and still faced a long recovery for her serious injuries. Although she was given a six-hour training course beforehand and had a radio microphone in her helmet, she apparently froze and was unable to take corrective actions which might have allowed the chute to open properly. Her father now says that she should not have been allowed to make the jump--regardless of what he or she said. What the news reports did not state, but what is likely the case--the girl and/or her father signed a waiver of liability before the plane even left the ground.

Waiver of liability

A waiver of liability is a legal document a person who is about to engage in an activity signs to acknowledge the risks or dangers involved in that activity and an agreement not to hold the person or business conducting the activity liable for any injuries. Under Texas law, in order for any waiver of liability to be enforceable, it must be written in unambiguous terms within the document itself and must be conspicuous. The test is whether it is written so a reasonable person who is asked to sign a document would have noticed it. Is it in a larger font? A different color? A heading in all capital letters? Just because a contract has a provision releasing liability does not mean it is automatically enforceable--a reasonable person must know and understand what it is they are agreeing to. Other exceptions may apply as well.

The "minor" issue

The other question raised by the situation with the 16-year-old skydiver is whether a parent, under Texas law, can sign any waiver of liability and give up a child's right to pursue liability for personal injuries. The Texas Court of Appeals answered that question in Munoz v. II Jaz, Inc. While the Family Code may give a parent the power to make decisions of substantial legal importance concerning a child, that power does to extend to give then the power to waive a child's cause of action for personal injuries. Such a power, the court found, would be against the state's public interest in protecting minor children.

Anyone who has been injured engaging in an activity where a waiver of liability was involved should immediately consult with an experienced Texas personal injury attorney to properly evaluate the circumstances and enforceability of such a document.

Article provided by The Krist Law Firm, P.C.
Visit us at www.kristlaw.com

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