release of liability

[jack8745]

What is the name of your state (only U.S. law)? California

ok so my daughter is starting kindergarten this fall. in order for her to go on any field trip we have to sign a release of liability form. which basically stats that the school isnt responsible for anything. how true is this?
what if someone neglects her or catches her on fire do i have no legal action because we (parents) signed off liability.

thank you for your help. i searched the net and cant find anything
- Jack

 

[Antigone*]

What is the name of your state (only U.S. law)? California

ok so my daughter is starting kindergarten this fall. in order for her to go on any field trip we have to sign a release of liability form. which basically stats that the school isnt responsible for anything. how true is this?
what if someone neglects her or catches her on fire do i have no legal action because we (parents) signed off liability.

thank you for your help. i searched the net and cant find anything
- Jack

Guess you should be a room parent on that field trip if you sign the slip or she doesn't go on the trip.

By the way, the chances of a little girl catching on fire is between slim and none

 

[Banned_Princess]

Seriously, set on fire??? what is wrong with you?

 

[jack8745]

^ really.
these are just examples

 

[Proserpina]

Seriously, set on fire??? what is wrong with you?

I'm having trouble getting past that one, myself!

 

[Humusluvr]

What is the name of your state (only U.S. law)? California

ok so my daughter is starting kindergarten this fall. in order for her to go on any field trip we have to sign a release of liability form. which basically stats that the school isnt responsible for anything. how true is this?
what if someone neglects her or catches her on fire do i have no legal action because we (parents) signed off liability.

thank you for your help. i searched the net and cant find anything
- Jack

This is really only mildly true.

My experience with this is this: I taught high school Biology and Chemistry. I had students sign a release of liability form. What this meant was that if they cut their finger with a scalpel or burned their arm on a bunsen burner - they couldn't sue. You COULD still sue if the school had improper facilities or negligent teachers - like if the teacher left the room with a room full of kids with scalpels or the teacher went for a smoke break while the kids were playing with bunsen burners - THEN, the parents would have legal recourse.

In kinder, however, she is not likely to be lit on fire. If she was, then there are issues that couldn't even begin to be addressed here. But if your kid trips in the hall and breaks her wrist, or slams her finger in a drawer - those are normal, day to day occurrences you couldn't sue the school for. The school isn't liable for day to day things, but if they negligently left a campfire burning in the kinder classroom and left your kid in there by herself ans she happened to catch fire - well, that would be something different.

Liability releases are standard - so parents don't sue over stupid day to day injuries.

 

[FlyingRon]

this meant was that if they cut their finger with a scalpel or burned their arm on a bunsen burner - they couldn't sue.

It means nothing of the sort. They can always sue. In fact their chances of prevailing don't much depend on the waiver. Your waiver will not exonerate you from negligence.

And frankly, if you tried to get me to sign a waiver for normal class room activities, I'd be on the phone to the school board in 30 seconds.

 

[Antigone*]

It means nothing of the sort. They can always sue. In fact their chances of prevailing don't much depend on the waiver. Your waiver will not exonerate you from gross negligence.

And frankly, if you tried to get me to sign a waiver for normal class room activities, I'd be on the phone to the school board in 30 seconds.

This is for a field trip, Ron. It happens all the time.

 

[Humusluvr]

It means nothing of the sort. They can always sue. In fact their chances of prevailing don't much depend on the waiver. Your waiver will not exonerate you from negligence.

And frankly, if you tried to get me to sign a waiver for normal class room activities, I'd be on the phone to the school board in 30 seconds.

I SAID if I was negligent, they could sue. I described all kinds of negligence. But if your kid cuts themselves, in the normal course of activity, that is not negligence. If all parents were like you, thinking the school board gave two hoo-haa's about their hissy over a waiver, then the laboratory experience of high school could not exist. Our waiver was entitled "Safety Contract." Hence, your kid does not act in a safe manner, they don't get to do labs. If they act in an unsafe manner and hurt themselves - well, they signed the contract to be safe.

Waivers have to exist because of parents wanting ANYONE to be responsible except their kid. It's sad there has to be so much cut out of education due to the legal system.

 

[FlyingRon]

This is for a field trip, Ron. It happens all the time.

Antie, please read the post I was responding to. Humusliver said she makes all her students sign it for classroom lab activiites.

 

[Antigone*]

Antie, please read the post I was responding to. Humusliver said she makes all her students sign it for classroom lab activiites.

Oh sorry Ron... got that now

 

[FlyingRon]

I SAID if I was negligent, they could sue.\

And let me repeat this: They can still sue. Your waiver does not change that negligence or not. They may not prevail, but they can sue.

I described all kinds of negligence. But if your kid cuts themselves, in the normal course of activity, that is not negligence. If all parents were like you, thinking the school board gave two hoo-haa's about their hissy over a waiver, then the laboratory experience of high school could not exist. Our waiver was entitled "Safety Contract." Hence, your kid does not act in a safe manner, they don't get to do labs. If they act in an unsafe manner and hurt themselves - well, they signed the contract to be safe.

Ignoring the gratuitous insult, a safety agreement is all well and good. Making the normal classroom education contingent on parents signing such a waiver is improper.

Waivers have to exist because of parents wanting ANYONE to be responsible except their kid. It's sad there has to be so much cut out of education due to the legal system.

That does not make them right, effective, or legal.

 

[Humusluvr]

And let me repeat this: They can still sue. Your waiver does not change that negligence or not. They may not prevail, but they can sue..

OK, I will give you that. People have the right to sue for anything. If their kindergartner is on fire - I would expect it, even.

 

[ecmst12]

One cannot get a release for negligent behavior, or at least not a valid release. Liability for negligence is not releasable. Liability for accidents NOT resulting from negligence is releaseable, and that is likely all you are being asked to waive. Read the form.

 

[You Are Guilty]

One cannot get a release for negligent behavior, or at least not a valid release. Liability for negligence is not releasable. Liability for accidents NOT resulting from negligence is releaseable, and that is likely all you are being asked to waive. Read the form.

So a release saying "I won't sue if Teacher intentionally lights me on fire" is binding?