Lawyer explains how and why she refuses to sign waivers of liability forms for her child
"I do not waive my child's rights when it comes to liability or catastrophic events."
Lawyer refuses to sign waivers of liability for her child
Every parent is familiar with the standard liability waiver for children to do just about anything. Going on a school field trip, sign a liability waiver. Playing a sport, sign a liability waiver. Going to a birthday party at a trampoline park–you got it, sign a liability waiver. The form is so common that parents often sign it without thinking about what they're actually signing.
The assumption is that if you don't sign the form, whoever "they" are will know and your kid will be left out of whatever activity they wanted to do. But do you actually have to sign those things? Shannon Schott a mom, criminal defense and personal injury attorney says declining is an option.
The attorney took to TikTok to explain how she gets around signing the liability forms for her child and it's much simpler than one might think. According to Schott, she's never been questioned when she simply crosses out the things she doesn't agree with and writes decline next to that particular section. No secret liability waiver police jump out from behind the nearest bush, and her reasoning is quite simple.
Blindly signing on the dotted line essentially waives your child's rights to take legal action if an accident occurs that severely injures, maims or kills your child, Schott explains. The mom tells her audience that as a lawyer who handles personal injury, she would never agree to sign away the option to sue, reminding others that liability waivers are a mutual agreement. Keeping this in mind she only signs what she's comfortable with.
"First and foremost if people are not paying attention, I just don't do it. If someone says you have to go online and sign a waiver I say, 'okay thanks' and I don't do it and no one checks and that's not on me. That's me being smart and not waiving my child's rights," Schott reveals, immediately clarifying that she and her family are safe and not trying to trick someone into a lawsuit.
While many people didn't realize that you had the option to decline, some did and explained how they do it in the comments.
"On my first day of torts, my professor taught us to cross out all of the negligence/death clauses. 10 years later with 2 kids, I've never been questioned (no one noticed)," someone writes.
"I always wrote, 'unless under negligence.' No one ever rechecked my signature," another says.
"I always do this!! My mom did it when we were kids so it became a habit," one commenter shares.
@shannonschott.esq #jaxfl #jaxlawyer #floridalawyer #juvenilejustice #juveniledelinquency #juvenilelawexpert #personalinjury #personalinjurylawyer #personalinjuryattorney #personalinjurylaw #personalinjurytips #personalinjurylawyers #personalinjurylawyerflorida ♬ original sound - Shannon Schott
Schott makes it clear in her video that while she is particular about arbitrarily signing her child's rights away, she's not looking for litigation and she's fine with having her child sit out of an activity if needed. The attorney also reassures a commenter that parents always have the right to revoke a waiver and ask for a new form if they've signed thinking they didn't have a choice. Parents are thanking her for the information with some admitting they need to take a closer look at those forms in the future.