My dd is going to vacation bible school this evening and I have to sign a waiver form. In it is the normal legal jargon but I don't know why I really read it today and part of it is if death occurs I am waiving my right to hold the church responsible. It just gave me an uneasy feeling. Does it bug anyone else that you waive your right to be able to hold the functions hosts responsible for a death?
Thanks..
Also, I know I am thinking on the extreme side, just like I said when I read this morning it just kind of sank in a little bit more then usual. I know it is the same and signing the waivers for kids doing gymnastics or if they go to the bounce house, etc.... but just bugged me alittle more this am.
I know what you mean! I hate those things, I always feel like I'm signing away the safety of my child just so they can have a good time. I understand the legal issue, it just leaves me with a ick feeling of not being a concerned parent.
You can ALWAYS S. for negligence no matter what type of form you've signed. They do not absolve any person or organization from all liability. Organizations also carry large insurance policies in case anything serious happens that they are sued for. These forms are an attempt to dissuade people from the petty lawsuits.
I call them the "Standard Injury, Maiming, & Death" forms.
Here's the catch, however: You are not legally allowed to waive your legal rights.
These forms are to protect the company from accidents that are not their fault (ex: if a drunk driver crashes into their bus, or your child breaks an arm on the swings... you can't sue them for damages). HOWEVER, if the accident is THEIR FAULT through negligence, malicious intent, etc (the bus driver themselves was drunk, or the swings were in illrepair)... they WILL be held responsible both criminally and civilly.
A gymnast spreadlegs a balance beam and her hymen breaks... not the gym's fault. A gymnast is on a piece of broken equipment and falls and gets hurt when the equipment fails... the gyms fault.
A hike is planned on a sunny day with clear weather forecast. Storm blows in. Hiker gets hypothermia ... not the camp's fault. A hiker is taken out during a storm (or storm warnings are in effect) and gets hypothermia... the camp's fault.
2 kids while supervised get into a fist fight and it gets broken up immediately, but one has a broken nose... not the camp's fault. 2 kids are left alone unsupervised and get into a fist fight... the camp's fault. OR
Camper attacks a supervising adult and adult defends themselves... not the camp's fault. One of the supervising adults gets into a fist fight with a kid... the camp's fault.
Shark attack... Not the camp's fault. Being held down and drowned by one of the counselors... the counselor's fault no matter what AND the camp IF AND ONLY IF there was any "warning" (criminal record, previous bad acts while a counselor, etc.).
It's the "common sense" clause. It means that anything which we are totally blameless but happened under our watch you cannot hold us responsible for. But anything which IS their fault, through negligence or malicious intent, of COURSE you and the courts can and will hold them responsible for.
the thing is, these are typically referred to as "exculpatory clauses" - a person/group CANNOT waive their liability in the event of negligence. God forbid your child dies due to some type of negligence on their part, you can absolutely still sue them, that little peice of paper would not even almost begin to hold up in court. if you know any attorneys, speak to them about it if it would make you feel more at ease.
That's what excessive lawsuits have created. She is unlikely to die at VBS.
And no, I don't usually read, unless I'm sending them off to circus camp or something actually dangerous.
Yes that would. If you are concerned consult an attorney. If it is a church event they can't be absolved of total responsibility especially if you're child is a minor. However, I am no legal expert. Try legal zoom.
Yes....technically. But they need to limit liability for ALL of those kids. I see that side of it too....but in a tragic event, wouldn't that waiver sort of be seen as a standard practice and there would still be some responsibility? Hmmmm....interesting Q!
Yes I do read the forms and I do sign them. My church has similar forms too. With this lawsuit happy nation we live in it is important to be informed and for the organization to somewhat be legally protected.
We all had to sign for the swim team in which death can occur. No one ever thinks it will be my child though. Until your child or her best friend is whisked away in an ambulance because of an asthma attack and mom didn't bring the inhaler. This happened last night. THe coach had 90 kids he was in charge of and thankfully one of the assistant coaches caught her struggling to breathe.
Was it the Y's fault? No
Were they to be held liable? No, she knew she had asthma and mom should have had that inhaler, the child was 13.
By the way, she is fine now.
If the church doesn't say something someone will sue them for something that should have been the parent's responsibility, like bringing an inhaler or epipen. It happens, that's why the church has to be super careful.
