Search Site
Menu

The Parent/Child Waiver that Wasn’t (Entirely)

Fear not parents – it turns out the countless school, church, and athletic club waivers, shoved under your nose for your immediate and ever-lasting signature, actually have very little effect in the Commonwealth of Pennsylvania.  In Pennsylvania, the potential right of a child to bring a lawsuit for injuries suffered is considered the personal property of the child, and cannot be bargained away by the parent.  “But, what about when my child also has to sign,” you say?  As a minor in Pennsylvania, anyone under the age of 18 lacks the legal power to execute a binding legal contract, and therefore, has the power to declare any alleged agreement void and unenforceable.

This all begs the question, “why do these forms exist, then?”  The answer is probably two (or three) fold.  First, and most importantly, a parent, at least one over the age of 18, can bargain away their rights and by signing a waiver, the signing parent often gives up any rights they may have against third-parties.  This means that any claim a parent might normally have to lost wages or other expenses resulting from the care needed by an injured minor child, will have been waived if the signed waiver is found enforceable.

Second, the organization requesting the waiver may not be based in Pennsylvania and each of our 50 states has its own unique approach to the effect of parent/child waivers.  Therefore, if a child is engaging in a particularly dangerous activity in another state, a parent may want to inquire into that particular states’ laws on waivers. Lastly, parent/child waivers contain a certain symbolic importance.  As such, there is a signaling aspect to these types of waivers and it is possible that a court could use a signed waiver to impute some level of parental consent, at least in the case of inherently risky activities.

While the result in New Jersey is the same, the method for getting there is slightly different. Like Pennsylvania, New Jersey law does not apply these kinds of waivers of liability against a minor child. However, the rationale is not a contract law based analysis. Rather, in New Jersey, the doctrine of parens patriae is applied to such cases. Parens patriae is a public policy consideration in which the state is viewed as the protector of the interests of those who cannot care for themselves-i.e., minors. As such, New Jersey law does not allow these waivers to bar a minor’s claim for personal injuries against commercial recreational facilities. However, whether these waivers may be applied to non-profit, volunteer or other community-based programs and facilities remains to be seen.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Client Testimonials
  • "I had a slip and fall in a grocery store and injured my shoulder to the point of needing surgery to repair. The Law Firm made contact with them to make restitution on my behalf. After going back and forth… they awarded me a settlement for my pain and medical bills. The [Firm] were super easy to work with and I would definitely… use them again. I was and am very satisfied with the end result. THANK YOU!"  -Bob S.

  • "When I got hurt at work I didn’t know what I was going to do being a single mom of three. It was very scary and only weeks before Christmas to boot. I was referred to the Pagano Law Firm by my mom and it was the best decision. The Firm took me under their wing and assured me everything would be okay. They handled everything and kept me posted along the way. I am so happy to be back on my feet in more ways than one… my case was handled with such care and the end result was more than I expected. I would recommend the Pagano Law Firm to everyone I know!"  -Jill

  • "We reached out to the Pagano Law Firm after a serious car accident. At the time it was not clear the extent of the injuries and what it would take to make us whole. The Pagano Law Firm attorneys were diligent in the handling of the case and advocated for us not just as clients but as friends. They were considerate and professional throughout the two years it took to bring the case to a close. Ultimately, we were successful in reaching a resolution that surpassed our expectations. We are very grateful to Marlo… and would recommend the firm for any legal concerns."  -M.V.

  • "Excellent. Awesome – very efficient. Thanks for everything."  -J.H.

  • "The Pagano Law Firm put our minds at ease in a difficult situation for us. They made us feel like family & were there with answers to any questions. They made our experience in a difficult situation a good one. Very thankful for the Pagano Law Firm and everyone there. Highly Recommend."  -Richard R.

  • "he Pagano Law Firm was so understanding and supportive in helping with our unexpected situation. We were so grateful to be working with such caring, supportive people. Thank you for all your help and support."  -M.R.

Our Office
  • Media Office
    115 West State Street
    Suite 401
    Media, Pennsylvania 19063
    Phone: 484-442-8750
    Fax: 484-442-8742
Awards & Affiliations