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May 23, 2016 by Greg Baumgartner
Entertainment centers, bounce houses, and waterparks for children have become extremely popular for birthday parties and group gatherings.
Typically, the facilities will have numerous physical activities for the children, such as jumping, climbing, or sliding. Other facilities may be targeted toward children’s fitness activities, typical sports targeted programs, or activities such as paintball.
Generally, when the children are dropped off at the facility, paperwork must be filled out. Inevitably, part of the paperwork allows for a pre-injury release of claims should the child be injured at the facility. Texas has long held that pre-injury releases for adults who meet certain requirements are enforceable.
The release must provide fair notice of its terms, the language must satisfy the express negligence test, and the typesetting must be conspicuous. See – Quintana v. CrossFit Dallas, L.L.C., 347 S.Wo.3d 445, 450 (Tex. App.-Dallas (5th Dist., 2011, no pet.).
However, there is a difference between an adult signing a pre-release waiver of injury for their claims and an adult signing away a child’s injury claim. Texas has a strong, long-standing policy of protecting children’s interests.
The case of Munoz v. II Jaz Inc., 863 S.W.2d. 207 (Tex. App.—Houston [14th Dist..] 1993, no writ) involved a child injury at an amusement park and brought a lawsuit to recover for the injury.
The trial court granted a summary judgment in favor of the amusement park based on a pre-injury waiver signed by an adult sister.
The summary judgment was reversed, finding that a waiver signed by the minor’s older sister was invalid. The court in Munoz also stated that the parents themselves would not have been able to waive the child’s rights.
More recently, the issue has been addressed in the Southern District of Texas in the case of Paz V. Life Time Fitness, Inc., 757 F. Supp. 2d 658 (S.D. Tex. 2010). In Paz, the judge held a pre-injury release of the minor child’s claims is not enforceable when involving commercial interests, as opposed to non-profits.
While there are defense attorneys in Texas who wish a minor’s pre-injury release would effectively waive a child’s claims, those interests are not in line with Texas policy. Texas personal injury lawyers know the lengths insurance companies will go to avoid having to pay a claim.
Notably, most jurisdictions have adopted the Texas approach, which favors protecting minors’ rights in the United States.
We often see such waivers in bounce house accidents or child care in fitness centers.
Our child injury law firm has been in Houston helping families after serious accidents for over three decades. Contact us for a no-cost consultation about your child’s rights and options- (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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