Liability Waivers and Their Enforceability Under Texas Law   

Many Texas daycare centers require parents to sign liability waivers* as a condition of enrollment. These waivers aim to limit the facility's legal responsibility for injuries. However, the enforceability of these waivers under Texas law has some complexities. Texas courts generally uphold private contracts, including waivers, if they are clear, specific, and signed voluntarily. Yet, there are significant limitations:   

• Negligence and Gross Negligence: Waivers may shield daycares from liability for ordinary negligence (e.g., a child tripping during supervised play), but they typically do not protect against gross negligence or intentional misconduct, such as abuse or willful neglect. Gross negligence, defined as an act or omission involving extreme risk and reckless disregard for safety, remains actionable.   

• Public Policy: Courts may invalidate waivers if they violate public policy, particularly in cases involving vulnerable populations like children, where the state is intensely interested in ensuring safety.   

• Statutory Protections: Texas law, including the Human Resources Code, imposes mandatory safety standards on daycare providers. Waivers cannot override these statutory duties, meaning a daycare's failure to meet minimum standards (e.g., supervision ratios) can still lead to liability.   

• Child's Rights: Texas courts have generally held that parents cannot waive a child's right to sue for personal injuries.  

*Legal experts note that while waivers may deter some lawsuits, they are not an absolute defense, especially in severe injury or abuse cases where evidence of negligence is strong.   

WHY HOUSTON TEXAS DAYCARE INJURY VICTIMS CHOOSE BIVONA LAW FIRM    

If your child has experienced neglect, abuse, or has been injured at a daycare, call Bivona Law Firm.    

The attorneys at Bivona Law Firm specialize in daycare injury law. Our passion and expertise are in knowing the law and representing our clients accurately against negligence, abuse, and failure to meet regulatory standards. Put our experience and dedication to work for you!