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If the daycare asks you to sign a waiver for your child’s injury, do not sign anything without first having an attorney review it. Your child injury lawyer in Alva can make sure you’re not signing away any of your legal rights.
With an attorney by your side, you won’t have to try to decipher what the waiver is saying or guess what the document means. Rather than taking the daycare’s word for it, your lawyer can review it fully, explain your rights, and prevent you from doing something that hurts your case.
Why Is the Daycare Asking You to Sign Something in the First Place?
Daycares don’t hand parents waivers or paperwork after children get hurt for no reason. In many cases, these documents are designed to do the following:
- Document what happened
- Limit the daycare’s liability
- Protect the daycare if a claim is filed later on
Some forms—like incident reports—are harmless. Meanwhile, others include language that is intended to release the daycare from responsibility or minimize the severity of what happened while your child was in the school’s care.
The problem is that these documents aren’t always clearly explained to parents prior to daycare staff asking said parents to sign them. Instead, pressure is applied to parents in the hopes that they will comply and sign waivers without looking at them closely.
Unfortunately, when you’re already dealing with a stressful situation, it’s easy to oblige what the daycare is asking of you because you’re not thinking beyond the immediate moment. However, this is not fair to you, and you deserve time to think about what you want to do without pressure.
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Remember That Not All Waivers Are Created Equal
Many parents feel caught off guard when daycares ask them to sign documentation. Also, not every document you are handed after an incident means the same thing, even if it’s referred to as a waiver. In other words, not all paperwork is a waiver.
With this in mind, under Florida state laws, the type of document that you’re being asked to sign —and the specific language that it contains—can have very different legal implications. It’s also common for parents to be unaware of what these legal implications are.
What seems routine in the moment could carry much more weight later on, especially if you decide to pursue a legal claim in response to your child’s injury. In general, these are a few documents that you might come across in these situations:
- Incident reports: Though generally safe to review and sign, it’s still important to read them carefully.
- Liability waivers: This documentation might be an attempt to release the daycare from responsibility.
- Settlement agreements: Paperwork of this nature could ultimately limit your ability to pursue compensation.
The exact wording in these documents matters a lot, and it’s often hard to understand what the verbiage entails without the input of an attorney. For instance, a seemingly casual phrase or clause can ultimately impact your ability to take legal action.
That’s why it’s so important to slow down, read everything carefully, and avoid assuming that the paperwork is being introduced with your interests in mind. Instead, wait to sign paperwork until your lawyer has helped you fully understand what you’re being asked to agree to.
Why You Should Never Sign a Waiver for Your Child’s Injury Right Away
In many situations, you should never sign a waiver for your child’s injury, even if the daycare asks you to. It’s important that you fully understand what the document you’re being asked to sign means with your signature attached.
Here’s what you have the right to do:
- Take the document home to analyze
- Ask any questions that come to mind
- Have a lawyer review the waiver
If the daycare pressures you to sign the waiver immediately, you should recognize this behavior as a red flag. You’re not obligated to sign anything on the spot, especially when it involves your child’s well-being and your legal rights.
Click To ContactWhat To Do If You Already Signed Something Regarding Your Child’s Injuries
If you’ve already signed a waiver, don’t panic. However, don’t ignore it either. First and foremost, not all waivers are enforceable. In fact, Florida state laws sometimes limit how much protection these documents actually provide, especially when it comes to children.
So, if you’ve signed something regarding your child’s injuries, contact a lawyer, ask them to review what you signed, and explain your options moving forward:
- Whether the waiver is legally valid
- Whether it can be challenged
- What options you still have moving forward
The sooner you have an attorney look at the waiver in question, the more time you’ll have to respond and protect yourself.
What to Look for in Waivers That Cross the Line
Daycares have a responsibility to keep children reasonably safe. Additionally, a waiver does not automatically erase this type of responsibility. Many children are injured as a result of negligence, which often manifests in these ways:
- Lack of supervision
- Unsafe conditions
- Hazardous play equipment
- Failure to follow safety rules
The daycare could still be held accountable if negligence is at play, regardless of what you were asked to sign. This is why legal input is so important. These cases often come down to how the law applies to the specific facts.
How Viles & Beckman Can Help You If the Daycare Asks You to Sign a Waiver for Your Child’s Injury
If a daycare asks you to sign a waiver after your child’s injury, it’s important to pause and make sure you fully understand what you’re being asked to agree to. It doesn’t hurt to contact Viles & Beckman to ask for legal input regarding the waiver as well.
With attorneys who have experience handling child injury cases and reviewing daycare waivers, you will have professionals by your side every step of the way. With more than 40 years of experience, our lawyers will let you know your options and help you decide how to proceed.
Established in 1995, our law firm is committed to giving every case the care and attention it deserves. Situations like these can make you feel rushed and overwhelmed, but you deserve to take the time you need before making a decision. You can count on us to advocate for you.
