LITTLE ROCK, AR - Parents who sign liability waivers at trampoline parks, amusement facilities, and other recreational venues throughout Arkansas may not realize these documents often fail to protect businesses from negligence claims when children are injured. Little Rock child injury claims lawyer Joseph Gates of Gates Law, PLLC (https://www.gateslawpllc.com/are-arkansas-sports-waivers-enforceable/) explains what families should know about their legal rights under Arkansas law when a minor is hurt at a commercial recreational facility.
According to Little Rock child injury claims lawyer Joseph Gates, these waivers serve multiple purposes for businesses. The documents attempt to create a legal defense by establishing a binding contract that releases the facility from liability, while also documenting that parents were informed of inherent activity risks. "The intimidating legal tone of these documents often discourages parents from pursuing a claim," Gates notes. "After an injury, many parents mistakenly believe they have signed away their rights and never contact an attorney."
Little Rock child injury claims lawyer Joseph Gates emphasizes that Arkansas courts take a skeptical view of exculpatory agreements. The state strictly construes such clauses against the party that drafted them, meaning any ambiguity will be interpreted in favor of the injured person. This judicial skepticism becomes particularly strong when minors are involved, as children under 18 lack the legal capacity to enter binding contracts.
Gates explains that three legal principles protect children in Arkansas. First, any contract signed by a minor is considered voidable under the law. Second, a personal injury claim belongs to the child who was injured, not the parent, and Arkansas law does not permit parents to prospectively bargain away legal rights that belong to their children. Third, enforcing these waivers would undermine public safety by removing the primary incentive for businesses to maintain safe facilities and provide proper supervision.
The central question in recreational facility injury cases is not what was signed but what caused the injury. Arkansas law distinguishes between inherent risks of an activity and injuries caused by negligence. "A child twisting an ankle while landing awkwardly on a trampoline during normal jumping represents an inherent risk," Gates observes. "But a child suffering a severe spinal injury because broken springs were never repaired despite staff complaints reflects actionable negligence."
When facilities fail to meet their duty of care, serious injuries often require emergency treatment at trauma centers such as Arkansas Children's Hospital, the UAMS Medical Center emergency department, or Baptist Health Medical Center-Little Rock. Cases involving serious injuries may require filing suit in the appropriate circuit court, depending on where the incident occurred, including Pulaski County Circuit Court, the Faulkner County Courthouse in Conway, the Saline County Courthouse in Benton, or the Lonoke County Courthouse in Lonoke.
Arkansas law recognizes different degrees of negligence ranging from ordinary negligence to gross negligence and willful or wanton conduct. "Courts universally agree that a waiver cannot protect a party from liability for its own gross negligence, reckless conduct, or intentional harm," Gates advises. "Public policy absolutely forbids allowing anyone to contract out of responsibility for such egregious behavior."
Common grounds for negligence claims against recreational facilities include inadequate supervision when staff fail to provide necessary oversight, unsafe premises conditions such as broken equipment or worn safety padding, defective or improperly maintained equipment, insufficient training and staffing, and failure to provide appropriate medical care during emergencies. "A staff member telling an injured child to walk it off when the child has clear signs of a serious injury is a classic and dangerous example," Gates adds.
The waiver document itself can sometimes become crucial evidence against a facility. These forms often contain detailed lists of specific risks the business wants parents to assume, such as sprains, fractures, or collisions. When a child is injured by a hazard completely unrelated to that list, such as collapsing equipment or electrocution from faulty wiring, attorneys can argue this was not a foreseeable risk but rather a failure of facility maintenance reflecting negligence.
Facilities throughout the Little Rock metro area, from trampoline parks like Altitude Trampoline Park and Sky Zone to water parks and amusement facilities such as Magic Springs Theme and Water Park in Hot Springs, routinely require signed waivers before allowing children to participate. Yet Arkansas law provides strong protections for minors and strictly construes any release attempting to waive their rights.
For families whose children have been injured at commercial recreational facilities in Little Rock, North Little Rock, or anywhere in Central Arkansas, speaking with an experienced attorney is essential. The team at Gates Law, PLLC is dedicated to protecting the rights of injured children and their families. To schedule a consultation, contact Gates Law, PLLC at (501) 779-8091.
About Gates Law, PLLC:
Gates Law, PLLC is a Little Rock-based law firm dedicated to personal injury representation with a focus on child injury claims and recreational facility accidents. Led by attorney Joseph Gates, who founded the firm in 2020, the practice represents children and families injured at Arkansas trampoline parks, amusement parks, and recreational facilities throughout Central Arkansas. For consultations, call (501) 779-8091.
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Website: https://www.gateslawpllc.com/
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
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Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/
