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If your child was hurt at an indoor playground, you may have been told, or assumed, that there was nothing you could do to hold the facility accountable because you signed a waiver.Can a Waiver Automatically Block My Child’s Injury Claim in Texas?
Generally, no. Parents cannot permanently give up a child’s legal rights before an injury even happens.
In our experience advocating for families across the state after a child’s injury, Texas courts are cautious about enforcing pre-injury waivers signed on behalf of minors. This is especially the case when children suffer severe injuries that are easily preventable such as head injuries, broken bones, or internal organ damage.
Does a Waiver Protect an Indoor Playground from Negligence?
No. Waivers do not protect indoor playgrounds from negligence. Negligence occurs when a facility fails to take basic, common-sense steps to comply with safety standards to keep children safe.
At an indoor playground, this may include:
- Allowing too many children to play in a small or crowded space
- Failing to regularly inspect equipment for sharp edges, torn netting, or broken parts
- Leaving children unsupervised or understaffing the facility during busy times
- Ignoring known hazards instead of fixing them
When workers at an indoor playground know something is unsafe and opt not to act, Texas law does not allow the business to escape responsibility and hide behind a waiver.
What If My Child’s Injury at an Indoor Playground Was Caused by Unsafe or Poorly Maintained Equipment?
Unsafe conditions at an indoor playground can override a waiver in a courtroom.
Common examples of this include:
- Broken or unstable play structures
- Equipment that is not designed for the age group using it
- Slippery surfaces in the space without warning signs
- Worn-out padded or exposed flooring
Do Safety Law Violations Override a Waiver?
An injury that happens at an indoor playground or any other business is classified as premises liability law in Texas. This means that a facility like an indoor playground that caters to families and children owes them a heightened duty of care to identify and mitigate any safety hazards that could harm a child.
When this doesn’t happen, indoor playgrounds can still be held liable, even if a parent signed a waiver.
Why Is It Important to Speak with a Child Injury Lawyer After an Incident at an Indoor Playground?
After your child’s injury at an indoor playground, the facility or its insurance company may be quick to point to the waiver to deny responsibility or your claim. That’s why we encourage you to contact our experienced child injury lawyers at The Button Law Firm by calling 214-699-4409, emailing us at intake@buttonlawfirm.com, or filling out a contact form.
We can help your family get justice and hold the play space accountable by:
- Evaluating whether the waiver you signed at the indoor playground is enforceable
- Dealing with the insurance companies so that you can focus on helping your child heal
- Identifying safety violations and negligence at the facility
- Preserving evidence such as surveillance footage or incident logs before they disappear
If your child was injured at an indoor playground and a waiver is being used against you, don’t assume that’s the end of the story. Contact The Button Law Firm for a free case evaluation. (Our legal team works on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case.) With offices in Dallas, Houston, and Midland, we are ready to listen and advise you on the best path forward for your family.
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