Parents in Georgia often sign liability waivers without thinking twice. These forms are common when registering children for camps, daycare programs, and sports leagues. Many parents believe that signing one means they have given up all rights to take legal action if their child is injured. In reality, that is not always true.

Why Not All Waivers Hold Up in Georgia

Courts usually allow liability waivers if they are clearly written and not misleading. However, these waivers cannot cover everything. A waiver does not protect an organization from gross negligence or intentional harm. Gross negligence involves a severe lack of care, such as ignoring broken equipment or failing to provide supervision during risky activities.

Additionally, if a waiver is written in a confusing way or includes vague language, it may be found unenforceable. Courts require that a waiver be clear enough for an average person to understand exactly what rights they are giving up. If the wording is too broad or tries to release all future claims without limits, it often will not stand in court.

Protecting Children’s Rights and Public Safety

When children are involved, courts are careful. While parents can sign waivers for their children, courts look at whether enforcing the waiver would go against public policy. Georgia aims to protect minors from dangerous conditions and negligent supervision.

For example, if a child is hurt at a sports camp because the staff did not follow safety protocols, this might be considered gross negligence. In that case, the waiver likely will not stop a lawsuit. The focus remains on the safety of the child rather than the organization’s protection.

Act Quickly to Protect Your Family’s Legal Options

If your child is injured, take the following steps right away:

  • Keep all copies of the waiver
  • Document the injury with photos
  • Gather witness statements
  • Request any incident reports from the facility

Remember, Georgia has a two-year statute of limitations for personal injury claims (O.C.G.A. § 9-3-33), so it is important not to wait.

At The Williams Litigation Group, we guide parents through the process of challenging liability waivers and holding organizations responsible when they fail to protect children. Contact us today to discuss your options and learn how we can help keep your child safe.