Are Liability Waivers Enforceable for Minors in Arkansas? What Parents Need to Know

Imagine enrolling your child in a sports camp or a fun recreational activity, only to be handed a liability waiver. It’s a common scenario, but what does it really mean, especially if your child gets injured? In Arkansas, the enforceability of these waivers when minors are involved is a complex issue. This blog post will explore what parents need to know about liability waivers and their enforceability regarding minors in Arkansas.

Understanding Liability Waivers

A liability waiver, also known as an exculpatory contract, is a legal document where the signer agrees to waive their right to sue a business or organization if they get injured while participating in an activity or using a product. These waivers are common in various settings, from gyms and amusement parks to recreational sports and adventure facilities. Many parents mistakenly believe that signing a waiver means they have no legal recourse if their child is injured, but that’s not always the case.

General Enforceability of Liability Waivers in Arkansas

In Arkansas, courts generally view liability waivers with skepticism. While they are not invalid per se, they are strictly construed against the party seeking to enforce them. This means that if the waiver’s language is ambiguous or unclear, it will be interpreted in favor of the injured party. For a liability waiver to be enforceable, it must clearly and explicitly state what negligent liabilities are being waived.

The Key Issue: Minors and Contractual Capacity

The enforceability of liability waivers becomes even more complicated when minors are involved. In Arkansas, as in most states, minors (individuals under the age of 18) generally lack the legal capacity to enter into binding contracts. This principle is crucial when considering liability waivers.

Three Legal Principles Protecting Children in Arkansas

According to Little Rock child injury claims lawyer Joseph Gates, three main legal principles protect children when it comes to liability waivers in Arkansas:

Contracts Signed by Minors Are Voidable: Any contract entered into by a minor is generally considered voidable under Arkansas law. This means the minor has the option to disaffirm the contract.
Claims Belong to the Child: A personal injury claim belongs to the injured child, not the parent. Arkansas law does not allow parents to prospectively waive their children’s legal rights.
Public Policy: Enforcing waivers against minors could undermine public safety by reducing the incentive for businesses to maintain safe facilities and provide proper supervision.

Parental Authority vs. Child’s Rights

While parents often sign waivers on behalf of their children, Arkansas law does not automatically assume that these waivers are enforceable against the child. Arkansas law does allow a parent to enter into a settlement agreement on behalf of a minor for claims totaling $25,000 or less, excluding medical expenses, attorney’s fees, and other costs, provided certain conditions are met. These conditions include that a guardian ad litem has not been appointed for the minor and that the parent or guardian completes an affidavit attesting that they have made a reasonable inquiry into the matter and believe the settlement fully compensates the minor or that no additional funds can be obtained.

However, this ability to settle a claim does not automatically translate to the ability to waive a child’s rights before an injury occurs. Arkansas courts are hesitant to enforce parental waivers, especially when doing so would compromise the child’s right to seek compensation for injuries caused by negligence.

Exceptions and Nuances

Even if a waiver is deemed enforceable, there are exceptions. For example, a waiver typically will not protect a business from liability for injuries resulting from gross negligence or intentional misconduct. Additionally, the specific language of the waiver matters. If the waiver is unclear, misleading, or overly broad, a court may refuse to enforce it.

What Parents Need to Know

Waivers Are Not Always Enforceable: Just because you signed a waiver doesn’t mean you’ve given up all rights to pursue a claim if your child is injured.
Seek Legal Advice: If your child has been injured after you signed a liability waiver, consult with an Arkansas personal injury attorney to understand your legal options.
Understand the Document: Read the waiver carefully before signing. Be aware of the risks involved in the activity and whether the waiver clearly outlines what liabilities are being waived.
Negligence vs. Inherent Risks: Arkansas law distinguishes between injuries resulting from the inherent risks of an activity and those caused by negligence. A waiver is more likely to be challenged successfully if the injury was a result of negligence (e.g., poorly maintained equipment) rather than an inherent risk (e.g., a twisted ankle during normal play).

The Importance of Safe Practices

Ultimately, businesses have a duty to ensure the safety of their customers, including children. They cannot use liability waivers to avoid responsibility for failing to maintain a safe environment or provide adequate supervision. If a business cuts corners on safety and a child is injured as a result, the waiver may not protect the business from liability.

Statute of Limitations

It’s also important to be aware of the statute of limitations for personal injury claims in Arkansas. Generally, there is a three-year statute of limitations. However, for minors, this clock doesn’t start ticking until they reach the age of 18. This means a parent or guardian could potentially file a lawsuit until the child’s 21st birthday. It is generally best to pursue claims while the incident is still fresh in everyone’s mind.

Conclusion

Are liability waivers enforceable for minors in Arkansas? The answer is: it depends. Arkansas courts carefully scrutinize these agreements, especially when a child’s rights are at stake. As a parent, it’s essential to understand the nuances of Arkansas law and to seek legal advice if your child is injured after signing a waiver. By being informed and proactive, you can protect your child’s rights and ensure they receive the compensation they deserve.

Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. If you have specific legal questions or concerns, please consult with a qualified attorney.