In case of injury, can I have my children’s friend’s parents sign waivers for their children while the kids play on my property?

UPDATED: Oct 11, 2012

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In case of injury, can I have my children’s friend’s parents sign waivers for their children while the kids play on my property?

Asked on October 11, 2012 under Personal Injury, New Jersey


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

This question is entirely dependent upon the law of your state.  In Florida, people can release almost anything, including negligence if they are engaging in a dangerous activity (such as sky diving or scuba diving).

I can't help but wonder, however, why you find it necessary to have children's parents sign a release to play on your property.  Is there some kind of hazard on the property? 

Depending on your state law, you may or may not be able to release your duties as a landowner (which are fairly low anyway -- usually just to correct unsafe conditions that you know about or warn about them), to supervise your own children, to supervise children who are invited, or to follow state and local regulations for special conditions such as swimming pools, jungle gyms, trampolines, etc.  If you have a particular concern, I would encourage you to consult with a personal injury or real estate attorney and have that attorney draft a release.  You might also consult with your insurance agent about how your homeowner's insurance will protect you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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