Does Signing a Waiver Mean You Can’t Sue? What You Need to Know

Autor: Shelby Benavidez  

Abogado colaborador: Myranda Vaughn, attorney 

Christmas is over. The gifts have been opened, the wrapping paper has been thrown away, and most families have wrapped up their holiday travel plans. But for many parents, there’s still one big challenge left: kids are out of school for another week, and cabin fever is setting in fast.  

To fill the time, families often look for fun activities – amusement parks, trampoline parks, indoor playgrounds, skating rinks, escape rooms, zip lines, and other attractions. Almost all of these places have one thing in common: before your child can jump, climb, skate, or ride, you’re asked to sign a waiver.  

Those waivers can feel intimidating. They often include long paragraphs of legal language and bold statements about “releasing liability.” Many people sign without reading, assuming they have no other choice. That raises an important question: are waivers actually legit, and does signing one really mean you can’t sue if someone gets hurt?  

The answer is more complicated than most people realize.  

Understanding Waivers Before You Sign  

Why Do Amusement Parks and Other Attractions Make You Sign a Waiver?  

Businesses use waivers to protect themselves from lawsuits. From their perspective, attractions involve some level of risk. Rides can malfunction, people can trip, and kids don’t always follow rules. A waiver is meant to show that you understood those risks before participating.  

In theory, a waiver serves two main purposes. First, it warns participants that an activity could be dangerous. Second, it attempts to limit the business’s legal responsibility if someone is injured. 

For businesses, waivers are also a way to discourage claims. When someone believes they “gave up their rights,” they may not pursue legal action at all, even when they have a valid case. That alone makes waivers a powerful tool, regardless of whether they fully hold up in court.  

Common Mistakes in Waivers  

Many waivers are written in a way that is confusing, overly broad, or misleading. Some common problems include that the waiver is vague, it doesn’t clearly explain what risks are involved, or includes overly broad language that attempts to release the business from all responsibility, no matter what happens.  

Another mistake is making the language in waivers overly dense with legal terms – since the average person is signing it, the average person should be able to understand it! Also, fonts should be easily legible, with important information formatted in a way that stands out.  

In some cases, waivers may even include statements that are not legally enforceable under Texas law. Just because a document says you are giving up all rights does not automatically make it true.  

Can You Legally Refuse a Waiver?  

Yes, you can legally refuse to sign a waiver. However, the business also has the right to refuse service if you do not sign. In practical terms, this means you usually won’t be allowed to participate in the activity.  

That said, refusing a waiver doesn’t mean the business is automatically unsafe. It simply means they are choosing not to take on the legal risk of allowing participation without it. Still, being forced to sign does not mean the waiver overrides the law or eliminates all possible claims.  

What Waivers Mean After an Injury Happens  

Risks of Signing a Waiver  

The biggest risk of signing a waiver is assuming you have no legal options if something goes wrong. When people think they have no options, they often don’t bother to seek medical care, document what happened, or speak with an attorney.  

Another risk is not realizing who the waiver applies to. Some waivers are specific to certain activities, while others attempt to cover unrelated situations. Many people also don’t realize that signing for a child does not always mean the child’s rights are fully waived.  

What Happens If Someone Is Injured Despite a Waiver?  

If someone is injured, the waiver becomes one piece of the overall situation, but doesn’t necessarily stand as the be-all, end-all. Courts look at several factors, including how the injury occurred and why. Did the business follow basic safety rules? Was their equipment properly maintained? Was the staff well-trained and supervised? The court will also review the waiver to decide if it is clear, specific, and enforceable.   

All of these are important considerations because an injury caused by an inherent risk of the activity may be treated differently from an injury caused by unsafe conditions or careless behavior.  

Can You Sue After Signing a Waiver?  

In many cases, yes, you can still sue after signing a waiver. Waivers do not provide automatic immunity. They are often challenged and sometimes thrown out entirely.  

The key issue is why the injury happened. If the injury was caused by negligence, recklessness, or unsafe practices, the waiver may not protect the business at all.  

How Texas Law Treats Liability Waivers  

Waivers Generally Do Not Protect Against Negligence  

One of the biggest misconceptions about waivers is that they protect businesses from everything. In Texas, that isn’t always true.  

While waivers can limit liability for ordinary risks of an activity, they generally do not protect against negligence. Negligence occurs when a business fails to act with reasonable care. For example, failing to inspect or repair equipment, ignoring known safety hazards, lack of proper supervision, overcrowding or unsafe conditions, or failing to follow their own safety rules – if a business’s negligence caused the injury, a waiver may not be enforceable.  

Liability Waivers Are Enforceable in Texas – But with Limits  

Texas does recognize liability waivers in certain situations. However, for a waiver to be enforceable, it must meet specific legal standards. It must clearly state what rights are being waived, be conspicuous, and not violate public policy.  

Courts may also consider whether the waiver was written in language that is easy to understand, signed voluntarily, specific to the activity involved, and applied fairly to the situation.  

Even when waivers are enforceable, they are often interpreted narrowly. If there is ambiguity, courts tend to resolve it in favor of the injured person.  

Contacte a un abogado especializado en lesiones personales  

Because waiver law is complex, it’s important to speak with un abogado de lesiones personales calificado if you or your child is injured. An attorney can review the waiver, investigate the circumstances of the injury, and determine whether negligence played a role.  

Many people assume there is no case simply because a waiver exists. In reality, waivers are challenged successfully more often than you might think. An experienced attorney can help you understand your rights and options.  

Key Takeaways: Understanding Your Rights After Signing a Liability Waiver  

Waivers are common, especially during school breaks when families are looking for fun ways to spend time together. While they may seem intimidating, signing a waiver does not automatically mean you have no legal recourse.  

In Texas, waivers have limits. They do not excuse negligence, reckless behavior, or unsafe conditions. If an injury occurs because a business failed to act responsibly, a waiver may not protect them – so make sure to get a copy of any waiver you sign!  

If you or your child is injured after signing a waiver, don’t assume the case is over before it begins. Understanding your rights by speaking with a personal injury attorney can make all the difference.  

Fun activities should create memories, not injuries, and when businesses put profits over safety, a waiver doesn’t give them a free pass.