Does it Matter if I Have Signed a Liability Waiver?
Even if you have signed a waiver of liability, that does not mean that your child’s daycare facility cannot be held accountable for a daycare injury that occurs on their premises.
An Indemnity clause — the section of a liability waiver releasing you of your right to sue a daycare provider for any injuries that occur to your child under the provider’s care — does not bar you from taking legal action to receive compensation for a daycare injury.
Under almost all circumstances, courts will find that liability waivers hold no validity because they essentially grant the daycare an “out” to act negligently without any threat of legal repercussion- which amounts to legal immunity. In general, daycare providers are aware that liability waivers are obsolete in the eyes of the court. They simply use them as a deterrent from parents knowing that they can file a suit in the case that a daycare injury does occur.