Are Liability Waivers for Minors Enforceable in Washington State?

If your child plays sports, goes to summer camp, or climbs at the local rock gym, chances are you’ve signed a liability waiver. You know the form—it lists the risks, then asks for your signature “just in case.” But here’s the question: what happens if your child actually gets hurt?

 

In Washington State, the answer might surprise you.

 

Waivers and Minors: The Basics

Washington courts have made one thing clear: parents cannot legally waive their child’s right to sue for negligence. That means even if you sign a waiver before your child joins an activity, it might not be enforceable if something goes wrong. This isn’t just legal fine print. The Washington Supreme Court said as much in a case called Scott v. Pacific West Mountain Resort (1992), ruling that a parent can’t sign away a child’s legal claim if that child is hurt because of someone else’s carelessness. This is because Washington requires a court-appointed guardian ad litem to approve any minor personal injury settlements. Since parents can’t release a minor’s post-injury claims, they can’t release any pre-injury claims which are the subject of liability waivers.

 

What Does That Mean for You as a Parent?

Let’s say your child breaks an arm at a trampoline park due to poorly maintained equipment. You signed a waiver at check-in. But if the injury happened because of the facility’s negligence, your child may still have the right to bring a claim—waiver or not. 

 

So Why Are Waivers Even Used?

Good question! Businesses still use waivers to:

    *  Educate parents about potential risks

    *  Encourage safe behavior

    *  Discourage frivolous lawsuits

But when it comes to serious injuries or negligence, a waiver may not protect the business legally—especially when minors are involved.

 

How to Protect Your Kids

Here are a few things you can do before signing your next waiver:

• 1. Ask questions. Don’t hesitate to speak up about safety protocols and staff qualifications.
• 2. Read the fine print. Know what risks you’re being asked to accept.
• 3. Know your rights. A signed waiver does not always mean your child has no options.
• 4. Keep records. Take a photo of the waiver or ask for a copy, just in case you need it later.

If Your Child Gets Hurt

If your child is injured during an activity, it’s okay to take legal questions seriously. A waiver doesn’t close the door to accountability, especially if negligence was involved.

 

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Liability waivers might feel like a formality, but they’re not always the last word. And remember: if you’re ever unsure, a conversation with a trusted attorney can go a long way. If your child was injured while engaging in an activity that you signed a liability waiver for, give us a call and we can discuss your options.

 

Disclaimer: This post is for informational purposes only and is not legal advice. For questions about your specific situation, please contact a qualified attorney.