To protect you from COVID-19, we are offering a quick and easy remote intake process by telephone or video chat. Call us at 314-241-1020. Learn More

Posted on February 18, 2020 by

Are Liability Waivers Enforceable? What You Should Know About Playgrounds

Playgrounds are a part of everyday activities if you have children in your life. Whether you are a parent, grandparent, or guardian we strive to give our children the chance to be active and have fun.

What else do we face as a result of an active lifestyle? Injuries

Oftentimes an injury, such as skinned knees or bruised shoulders can be the result of tripping or a simple playground miscalculation as the kids learn their limits and push their physical boundaries.

But what happens when the injury is the result of negligence? That’s where waivers come in.

What is a Waiver?

Oftentimes a school or playground will have posted waivers that simply state a parent or supervisor assumes responsibility for any injuries incurred while using the equipment. These waivers do protect the owners of the playground from negligence.

By agreeing with the waiver notice, the parent or guardian agrees to not sue unless there is clear evidence of gross negligence.

Differences in Negligence

Negligence generally constitutes normal wear and tear, or injuries incurred while using the equipment properly. Gross negligence is an injury that is caused by improperly maintained equipment or by staff putting the child in a dangerous situation.

Contact Your St. Louis Personal Injury Attorneys

If you have any questions about waivers involving playground accidents call your St. Louis personal injury attorneys to find out if you might have a case. We’re happy to give you your legal options.