How often have you signed a stack of legal documents on behalf of your child in order to enroll them in an activity, or gain admittance into an amusement park? In modern times, this practice is becoming standard. Frequently, these documents are presented to us in electronic format as a precondition for gaining entry into an event or an activity, and you may not even read or notice what you are signing. Often times, these forms include liability waivers, where we are being told that we are agreeing in advance to waive any and all potential legal claims against the property owner if our children get injured as a result of negligence, or event intentional acts. Are these liability waivers really enforceable? In most cases, the answer should be NO! Keep reading to learn what top personal injury Attorney in Chicago, Brent Eames, says you should do if your child is injured after a liability waiver has already been executed.
Generally, children are not allowed to legally act on their own behalf until they reach the age of eighteen. So, when a minor seeks to enforce their legal rights, a parent or guardian can act on their behalf to prosecute or defend a case in civil court. However, when these situations arise, the law puts many safeguards in place to ensure that the interests of the minor are being adequately protected.
The law in Illinois provides for a great deal of oversight and court control when it comes to the settlement of a minor’s personal injury case. This is because the courts want to ensure that the best interests of the minor are being protected from other people who may be trying to take advantage of the minor, including opposing parties, insurance companies, guardians, parents, or even attorneys. So, generally, in order to settle a minor’s cause of action, an attorney first needs to obtain court approval of the terms of the agreement. Given this requirement, it is against public policy for a parent to essentially agree to waive the legal rights of the minor child before a personal injury cause of action even occurs. Given the foregoing, courts generally disapprove of any sort of waivers of liability which are executed on behalf of minors.
If you have signed a waiver of liability on behalf of your child, do not automatically assume that all is lost. Given that a reviewing court will most likely consider this agreement to be against public policy and contrary to established law, it should be deemed unenforceable, and it should not prevent you from pursing a potential claim against the negligent entity which caused your child’s injuries.
Find The Right Attorney
If your child was injured after you signed a waiver of liability, it is important to find the right attorney that understands the law, and the process. Our firm has handled numerous claims involving bogus liability waivers, and we have recovered millions of dollars on behalf of our clients.
The Eames Law Group is an experienced law firm that guides people involved in injury claims all across Illinois. We help residents of Illinois gain their lives back after accidents, by managing medical bills and financial setbacks. The Eames Law Group can help people obtain the appropriate compensation and medical assistance from accidents. Eames Law Group has been recognized as a top accident attorney in Chicago based upon A+ rankings for professionalism and reputation.
For more information, contact us to meet with the Eames Law Group and learn about the legal services they offer.