Before the first whistle blows, parents are often handed a stack of forms to sign. Among the permission slips and emergency contacts is usually a liability waiver. These documents are meant to protect schools and coaches from lawsuits if a student gets hurt during sports. But how much protection do they really offer? And what happens when a serious injury could have been prevented? Our Wheeling, WV personal injury lawyer is here to help you pursue the justice and compensation that you may be entitled to after an injury.
What A Waiver Actually Means
A liability waiver is a legal document where a parent or athlete agrees not to hold the school responsible for certain injuries. The idea is that sports come with obvious risks — a sprained ankle, a broken finger, or a collision during practice. Signing a waiver means you understand those risks and accept them.
However, a waiver does not give schools or coaches permission to be careless. It covers accidents that are part of the game, not situations where someone ignored safety rules, used poor judgment, or failed to act responsibly.
Negligence Changes Everything
If an injury happens because of negligence, the waiver might not protect the school. For example, if a coach forces players to keep practicing in unsafe conditions or fails to call for help when a student shows signs of a concussion, that is not a normal risk of the sport. That’s negligence — and a waiver won’t excuse it.
Courts tend to look at how the injury happened. Was it a natural part of competition, or did it occur because someone failed to do their job? The answer often decides whether the waiver holds up.
Schools Still Have A Duty Of Care
Even with a signed waiver, schools and athletic programs are required to take reasonable steps to keep students safe. They must provide proper supervision, maintain equipment and facilities, and follow state laws and medical guidelines. A piece of paper doesn’t erase that duty.
In some states, waivers signed on behalf of minors may not be enforceable at all. Courts often view children differently, recognizing that a parent can’t waive a child’s right to recover damages if the injury was caused by negligence or recklessness.
Why Parents Should Read Carefully
Many parents sign sports waivers without thinking twice. But it’s worth taking a moment to read and ask questions. Does the waiver clearly describe what risks are involved? Does it cover transportation, off-campus events, or only on-site practices? The more detail it includes, the more likely it is to be challenged if something goes wrong.
If your child is hurt during a school sport, keep a copy of any signed documents. Save medical records, photos, and communications from the school. These details matter if you ever need to show that the injury could have been prevented.
The Bottom Line
Waivers are not a free pass for schools. They serve an important purpose in acknowledging risk, but they can’t excuse negligence or reckless behavior. Coaches and schools still have a duty to protect the students in their care.
Sports can be tough, but safety should never be negotiable. Parents trust schools to make smart choices. When that trust is broken, a signed waiver shouldn’t stand in the way of accountability. Contact Hayhurst Law PLLC today to schedule a consultation.
