Liability Waivers and Their Enforceability Under Texas Law

Many daycare centers in Texas ask parents to sign liability waivers as a condition of enrollment. These documents are intended to limit the facility’s legal responsibility in the event of an injury. However, under Texas law, the enforceability of such waivers can be nuanced and situation-dependent.

Generally, Texas courts honor private agreements, including liability waivers, if they are clearly worded, specific in scope, and voluntarily signed. Nevertheless, there are critical legal limitations and exceptions:

• Negligence vs. Gross Negligence: A waiver may protect a daycare from lawsuits from ordinary negligence—such as a child falling during supervised play. However, it cannot shield the facility from gross negligence or intentional harm. Gross negligence involves a significant risk and a reckless disregard for the safety of others and remains legally actionable.
• Public Policy Considerations: Courts may deem waivers unenforceable when they contradict public policy—especially in matters involving the safety of children. Texas law places a strong emphasis on the protection and well-being of minors.
• Statutory Obligations: Texas statutes, including provisions within the Human Resources Code, establish mandatory safety and operational standards for childcare providers. Liability waivers cannot override these legal responsibilities. For example, if a daycare fails to comply with mandated child-to-staff ratios or safety procedures, it may still be held liable regardless of any signed waiver.
• Children’s Legal Rights: Texas courts typically do not allow parents to waive a child’s right to pursue legal claims for personal injuries. This further limits the effectiveness of waivers in shielding daycares from legal consequences in cases involving harm to a minor.

Legal professionals caution that while liability waivers might deter some legal claims, they do not provide absolute protection—particularly in incidents involving serious injury, abuse, or clear signs of negligence.

Why Tomball, Texas Daycare Injury Victims Choose Bivona Law Firm

If your child has been injured, abused, or neglected while in the care of a daycare facility, reach out to Bivona Law Firm.

Our firm is dedicated exclusively to representing victims of daycare injuries. We combine a powerful combination of legal skill and compassionate advocacy to hold negligent and abusive childcare providers accountable. Whether your case involves safety violations or deliberate misconduct, we are here to advocate for your child’s rights and your family's peace of mind.

Let our focus, experience, and dedication work for you.