Legal Question in Personal Injury in Texas

Are Release of Liability Agreements Valid In The Event of Accident on School Fie

Our school district requires that parents sign release of liability forms before children are allowed to participate in field trips. Many parents feel that if there is an accident and a child is injured, the school district should be held responsible. I have heard that even if a parent signs a waiver, that if the district is grossly negligent, or if it is a wilful act of misconduct that causes the injury, then they are still held responsible (i.e., waivers are not enforceable with respect to gross negligence or wilful act of misconduct). Please advise whether waivers are enforceable re: field trips. Thanks in advance!


Asked on 9/21/04, 6:34 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Are Release of Liability Agreements Valid In The Event of Accident on School

Under the Texas Tort Claims Act school district are immune from liability except for matters that arise out of vehicle accidents. Therefore, one cannot recover damages from the school district for injuries sustained from anything other than a vehicle accident. Thus, the waiver has no significance to non-vehicular incidents. As to vehicular indicents, if a school vehicle driver is negligent and the cause of the accident, the waiver likely will afford no immunity from a damage suit, but there is a ceiling on damages of $100,000 per claimant.

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Answered on 9/21/04, 8:46 pm


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