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Are daycare liability waivers legally binding?

On Behalf of | Feb 2, 2023 | Personal Injury Law |

Some daycare facilities require parents to sign liability waivers, making you wonder about your rights and enforceability. In Oklahoma, as in many other states, the enforceability of daycare liability waivers can vary depending on the specific circumstances.

Limiting liability for the daycare

Liability waivers are, essentially, contracts in which a person agrees to give up his or her right to sue in the event of injury or damage. In the context of daycare, the waiver’s use by facilities limits their legal liability in case your child is injured. However, liability waivers are not automatically enforceable, and challenging them in court is a possible course of action.

Enforceability of a daycare waiver

If a daycare accident occurs, and the court finds that the facility is negligent in its care of your child, a liability waiver may not protect it from legal liability. In Oklahoma, as in other states, courts have held that a release is only enforceable if it is unambiguous and does not violate public policy.

Additionally, a waiver may not be enforceable if the daycare facility has a duty of care to your child, such as the duty to provide adequate supervision, and fails to fulfill that duty. Before signing a liability waiver, it’s crucial to read and understand its terms carefully. If you have any concerns or questions about the release, you should address them with the facility owner or manager.

Deciding if the daycare is the right one for you

The enforceability of daycare liability waivers in Oklahoma, like in many other states, can be complex. If some of the waiver conditions raise a red flag with you, it may be prudent to consider another facility. It’s advisable to choose a daycare facility that has a good reputation and make sure it has proper safety measures and insurance in place to protect your child.