WAIVER PROTECTION NO MORE?

Joseph Camarota
Sep 29
2 min read

Landmark Ruling on Liability Waivers in Pennsylvania: What FECs Need to Know

The Pennsylvania Supreme Court recently issued a ruling that could reshape how FECs and amusement operators handle liability waivers. The court decided that parents cannot fully waive a minor’s right to sue on their behalf. This decision stems from cases involving trampoline parks, but the ripple effects extend to any business where children participate in potentially risky activities.

The Core of the Ruling

Liability waivers signed by parents are not an absolute shield when a minor is injured.
A child has their own cause of action that cannot simply be waived away.
While waivers can still be used, their enforceability, especially for injuries to minors, has limits.

Why This Matters for FECs

FECs rely heavily on liability waivers, especially for attractions like trampolines, climbing walls, VR simulators, ropes courses, and other high-energy experiences. This ruling highlights that waivers alone aren’t enough protection.

Here’s what FEC operators should take away:

1. Waivers Aren’t Bulletproof

Even if parents sign, your business may still face lawsuits from injuries to minors. Operators must view waivers as one layer of protection, not the only layer.

2. Safety Is Your Strongest Defense

Courts will look closely at your safety measures. Clear signage, thorough staff training, regular inspections, and properly maintained equipment are more critical than ever.

3. Insurance Becomes Even More Important

With the potential for more claims, review your liability coverage. Talk to your insurance provider to ensure policies account for this new legal environment.

4. Laws Vary by State

This ruling applies to Pennsylvania, but it could influence other states. Don’t assume your waiver strategy is airtight, check with legal counsel about your specific jurisdiction.

5. Transparency Builds Trust

Be clear with guests about risks, rules, and safety expectations. Honest communication not only helps with legal protection but also strengthens your reputation with families.

The Bottom Line

This landmark ruling is a wake-up call for FECs: waivers are helpful, but they’re not enough. To protect your business and your guests, you’ll need a comprehensive approach that combines:

Smart waiver design
Strong operational safety
Solid insurance coverage
Clear guest communication