Beyond the Fine Print: Challenging Liability Waivers at Georgia Daycares and Camps When a Child Is Injured

Daycares, camps, and recreation centers often require parents to sign liability waivers before a child can participate. These contracts attempt to shield the facility from lawsuits if a child is hurt.

Under Georgia law, waivers for ordinary negligence are generally enforceable if the language is clear and unambiguous. However, they cannot waive rights for slight negligence, gross negligence, or willful misconduct.

Courts also refuse to enforce waivers that violate public policy or shield professionals with special duties, such as medical providers.

Rights of Minors

Contracts signed by minors are usually voidable. States differ on whether parental waivers are enforceable; Georgia’s law is unsettled. Even when a parent signs, a child may have independent rights that cannot be waived without court approval.

While many states enforce parental waivers, others refuse because minors need protection. Georgia courts may enforce a parental waiver, but the child’s claim may still proceed if the injury results from gross negligence or willful misconduct.

Challenging a Waiver

To challenge a waiver, an injured child’s guardian typically argues that the waiver language is ambiguous or that the injury stemmed from gross negligence. For example, if staff ignored safety rules, failed to supervise activities, or violated state licensing regulations, a court may deem the waiver invalid. Courts also consider whether the parent had any opportunity to negotiate the terms or if the waiver was a take‑it‑or‑leave‑it contract.

Practical Tips

Parents should read waivers carefully. If you must sign, keep a copy. Should an injury occur, document the circumstances and seek medical care immediately.

Remember that Georgia’s statute of limitations for personal injuries is two years, so timely action is important. An attorney can evaluate the waiver’s language and the facts to determine if the waiver is enforceable or if exceptions apply.

If your child has been hurt at a Georgia daycare or camp, a signed waiver may not bar recovery. The Williams Litigation Group attorneys can analyze the waiver and investigate whether the facility’s negligence goes beyond what the law allows. Call us at 1-866-214-7036 or fill out our online form to protect your child’s rights.