Liability Waivers and Their Enforceability Under Texas Law

Many daycare centers in Texas require parents to sign liability waivers as a condition of enrollment. These waivers are designed to limit the daycare’s legal responsibility in the event of an injury. However, their enforceability under Texas law can be complex.

Texas courts generally uphold private agreements, including waivers, if they are clearly written, specific, and voluntarily signed. Still, there are important exceptions and limitations:

• Negligence vs. Gross Negligence: While a waiver may protect a daycare from liability for ordinary negligence—such as a child tripping during supervised play—it does not shield against gross negligence or intentional wrongdoing. Gross negligence involves a severe risk and a reckless disregard for safety and remains legally actionable.
• Public Policy Concerns: Courts may find such waivers unenforceable if they conflict with public policy, especially when protecting children. Texas places a high value on ensuring the safety and well-being of minors.
• Statutory Requirements: Texas law, including provisions in the Human Resources Code, sets mandatory safety standards for childcare providers. Liability waivers cannot override these legal duties. It may still be held responsible if a daycare fails to meet these standards—such as maintaining proper child-to-staff ratios.
• Children’s Legal Rights: Texas courts generally do not allow parents to waive a child’s right to pursue legal action for personal injuries.

Legal experts caution that while liability waivers may discourage some lawsuits, they are not a guaranteed shield—especially in cases involving serious injury, abuse, or strong evidence of negligence.

Why Katy, Texas Daycare Injury Victims Choose Bivona Law Firm

If your child has suffered injury, abuse, or neglect at a daycare facility, contact Bivona Law Firm.

Our attorneys focus exclusively on daycare injury cases. We combine legal expertise with a deep commitment to holding negligent and abusive facilities accountable. Whether it’s a failure to follow safety protocols or blatant misconduct, our firm is here to fight for your child’s rights and peace of mind. Let our experience and dedication work for you.