Legal Question in Personal Injury in California
Liability Waiver
In CA is a liability waiver for a minor signed by a parent enforcible, such as when a parent and minor go on a field trip for rock hounding and the minor is injuried during the trip in the field.
3 Answers from Attorneys
Re: Liability Waiver
Hard to answer your question in black or white, because it is gray.
Courts usually find some way around these, especially if the child was required to go on the trip, as opposed to a voluntary undertaking.
The answer is yes and no, but if there were an injury that is caused by something other thn the child's negligence. seek legal help.
Re: Liability Waiver
Liability waivers tend to be worth the paper they are written on. They are effective in getting people not to sue. But you have to show they were negligent in some fashion. You also have to present a claim against a governmental entity within 6 months of the injury. As Mr. Bennett says, you have not given us enough facts to even guess whether you have any chance at suing.
Re: Liability Waiver
No. But, you must have a qualified injury lawyer assess if there is a viable basis for liability since injury is an inherent risk of rock hounding. Unless the leader of the field trip did something unreasonable that increased the risks inherent in the activity there is no liability, waiver or not.
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