MYNORTHWEST NEWS

Why liability waivers are worthless

May 24, 2012, 1:43 PM | Updated: May 25, 2012, 7:39 am

Even though the precedent invalidating waivers dates back at least 20 years, they’re still re...

Even though the precedent invalidating waivers dates back at least 20 years, they're still required at schools, city sports teams, and recreation areas, but an attorney says they do it because they can. (AP file photo)

(AP file photo)

When you sign your kid up for sports, you’re probably
expecting to see that little piece of paper that says you
agree not to sue if your child is accidentally
hurt. It turns out those pieces of paper are pretty much
worthless.

Tom Rayfield and his wife found out first hand after their
teenage son and a group of his friends decided they wanted
to go to Sky High Sports in Bellevue.

“When you’re a busy working mom and your teenage son puts
a piece of paper in front of you and says ‘Sign this so I
can go to the trampoline park’ […] She just signed the
paper thinking in essence, that it was a permission slip,”
says Rayfield.

What started as a pretty routine outing turned into a trip
to the emergency room. Rayfield’s son had a very hard
landing on
his left foot. He says the 16-year-old had to
undergo a couple of surgeries to deal with fractures and a
dislocation in his ankle.

At first, Rayfield says, he wasn’t looking to sue, but he
happened to have a friend who was an attorney. When
Rayfield mentioned the accident to his friend, attorney
Sim Osborne informed him that parents cannot sign away the
rights of minors.

“And that’s a smart guy, that’s a guy that graduated from
Whitman College, and he had no idea,” says Osborne.

The waiver they had signed falls under a 1992 decision by
the Washington State Supreme Court that rejected a release
signed by the mother of a 12-year-old boy who was hurt
during a skiing accident.

“You cannot waive a minor’s rights before something
happens to them because only a court can do that,”
Osborne says.

Rayfield is not the first client to come in thinking they
had signed away the right to sue. Osborne says he has
seen a lot of clients who initially come in asking for
referral to a bankruptcy attorney to deal with the medical
bills after their child is hurt. In several of those
cases he has been able to sue successfully, despite the
existence of a liability waiver.

Even though the precedent invalidating waivers dates back
at least 20 years, they’re still required at schools,
city sports teams, and recreation areas. Osborne says
they
do it because they can.

“They don’t let your children play unless you sign the
waiver, usually, but that doesn’t mean that it’s
enforceable,” says Osborne.

There is no law prohibiting them from asking you to sign a
waiver. So, the next time you are asked to release
someone from liability, Osborn says, go ahead. Just
remember if your child does wind up getting hurt, you
still have a right to sue on their behalf.

Please follow our Community Guidelines

MyNorthwest News

beth's cafe reopens...

KIRO 7 News Staff

Beth’s Cafe reopens 24/7 service

According to a social media post on July 31, after months of gradually expanding its hours, Greenlake’s beloved Beth’s Cafe is now open 24/7.

1 hour ago

voter turnout washington midterm...

Charlie Harger

Harger: 5 things about WA’s midterms, for people who blissfully ignored politics all summer

It's the day after Labor Day, and political prognosticators will tell you this is the time to start paying a bit more attention to the upcoming elections.

1 hour ago

summer seattle sunlight...

Meteorologist Nick Allard, KIRO 7 News

There’s still some summer sunshine left

We still have just over 13 hours of daylight today — and we’ve lost almost three hours of daylight since the summer solstice, when we had nearly 16 hours.

2 hours ago

A huge tree fell in the parking lot of Burien's Seahurst Park, crushing six vehicles....

Tom Brock

Fallen tree crushes parked cars at Burien’s Seahurst Park

A huge tree fell in the parking lot of Burien's Seahurst Park Monday and crushed six cars.

11 hours ago

Sound Transit budget deficit delays...

PAOLA TRISTAN ARRUDA, KIRO 7 NEWS

Upcoming light rail maintenance may impact commute on Sound Transit

Sound Transit riders should plan ahead this month as several maintenance projects will alter Link light rail service.

12 hours ago

yelm missing civil war man...

MyNorthwest Staff

Missing person alert issued for man last seen wearing Civil War reenactment uniform in Yelm

A missing person alert has been issued for a man last seen wearing a Civil War reenactment uniform in Yelm.

13 hours ago

Why liability waivers are worthless