The school year is almost over, and that means field trips are in full swing. Our children will soon be out of school, taking swim lessons, horseback rides, attending camp, and other fun, but perhaps dangerous, activities. If you are a parent, you will likely be asked to sign a permission slip or Release of Liability form for you and your children. Are these permission slip or Release of Liability forms binding under Missouri law? The answer is, it depends upon the language of the document.

The permission slip or Release of Liability forms are in essence a waiver. In 1996, the Missouri Supreme Court set some limits on waivers/Releases of Liability in the case of Alack v. Vic Tanny International of Missouri. The Court said that a waiver/Release of Liability is only valid and binding if it meets the following criteria:

1. Is the waiver clear and unambiguous?

2. Does the waiver contain clear, explicit language waiving a person or entity’s liability?

3. Is the waiver language conspicuous within the document or hidden in fine print?

4. Is the parties’ intent to “waive negligence” clearly and expressly stated in the agreement?

5. Were the parties sufficiently informed about the potential risks in order to permit a “knowing” waiver of those risks and attendant liabilities?

If any of these questions are answered “No”, the waiver may be unenforceable. The Alack court further held that a waiver/release and never be effective in cases where the conduct is willful, intentional, or beyond mere negligence.

A more recent case involving conduct that is alleged to be willful, intentional or beyind mere negligence is Decormier v. Harley-Davidson Motor Company Group, Inc. et al, decided by the Missouri Supreme Court in 2014. In this case, Ms. Decormier signed a Release of Liability before taking a motorcycle out on an icy, slippery driving course, as part of a class. The instructors allowed her to ride on the course where she fell and injured herself when the motorcycle fell on her leg. She claimed that the Release of Liability document did not protect Harley-Davidson against gross acts of negligence and recklessness. Ms. Decormier argued that the instructors’ actions, as well as those of the property owners who failed to address the dangerous conditions on-site, accounted to recklessness that voided the Release of Liability she had signed.

Under Missouri law, a party is in reckless disregard of others if the party intentionally acts or fails to act while knowing or having reason to know of facts from which a reasonable person would realize such conduct creates an unreasonably high degree of risk of substantial harm. The Court felt that Ms. Decormier had failed to show that Harley-Davidson acted in a reckless manner toward her and allowed the waiver to stand.

The take away from these cases is that when you sign a permission slip or Release of Liability form, do so with the understanding it can prevent you from seeking compensation for injuries resulting from the negligent acts of others. If your or your child is injured, after having signed a permission slip or Release of Liability form, do not assume your claim is barred. At Kennedy, Kennedy, Robbins & Yarbro, LC, we have experience representing injured persons and can review the purported waiver/Release of Liability to see if it is valid.