A Buda father is considering a lawsuit against iPlay, a South Austin amusement center that offers inflatable recreational indoor activities. The father’s son was bouncing in the back of an inflatable castle when he fell through a 2-foot hole onto the concrete floor underneath the castle. The son started screaming and when his father found him, he was visibly shaken and unable to walk.
The father then went to the front desk to express concern about the hole, and the workers allegedly told him that they were unaware of the hole and would not have known until a parent told them something was wrong with the equipment. The son was rushed to the hospital and given a CT scan. No internal bleeding was discovered, but the child suffered a serious concussion.
The father signed a waiver upon entry to the amusement center. Does that mean he is unable to pursue litigation against the owners?
Can You Sue Even If You Sign a Waiver?
It may come as a surprise, but signing a waiver does not mean you lose your right to sue for damages. A waiver is simply an acknowledgement of possible harm. It does not mean you cannot sue if negligence leads to your injury. There is no legal document that you can sign that allows someone’s negligence to cause you injury without you being able to seek recovery.
If you sign a waiver but suffer injury, you should discuss the incident with a personal injury attorney. To have a strong premises liability claim in Austin, you must be able to prove that your injury occurred on someone else’s property because the land or property owner failed to act reasonably to prevent or fix hazardous conditions. A personal injury attorney can assist you in identifying all potential negligent parties and holding them accountable for your pain and suffering.