Daycare Liability Waivers: Are They Enforceable in Injury Cases?

When you entrust your child to a daycare, you expect them to be cared for in a safe, supervised environment. But what happens when that trust is broken — when a child is injured under someone else’s watch? You might wonder, “can I sue if my child gets hurt at daycare?”

Most parents are asked to sign a liability waiver as part of their child’s daycare enrollment. Buried in the paperwork, this waiver claims the daycare can’t be held responsible for injuries or accidents that occur while your child is in their care.

But here’s the truth: signing a waiver doesn’t necessarily mean you’ve given up your right to take legal action. Under Idaho law, these waivers have limits — and understanding those limits is key if your child has been hurt at daycare.

What Is a Daycare Liability Waiver?

A daycare liability waiver is a legal document that attempts to protect a childcare provider from being sued if a child is injured while attending daycare. It often includes language stating that the parent “assumes the risk” of everyday play, activities, or accidents.

In simpler terms, the daycare is asking parents to agree not to hold them legally responsible if their child is hurt. These forms are designed to discourage lawsuits and minimize insurance claims, but they are not absolute shields.

Some common things a daycare waiver may try to cover include:

• Injuries from play or outdoor activities
• Accidents involving other children
• Minor bumps, bruises, or falls
• Medical treatment or emergencies

However, a waiver can’t excuse carelessness, negligence, or intentional wrongdoing — especially when the safety of a child is at stake.

Why Daycares Use Liability Waivers

Daycares include these forms for a few reasons. Operating a childcare center comes with inherent risks, and insurance providers often require some form of liability release to reduce legal exposure.

From the daycare’s point of view, it’s about protecting the business from frivolous claims. But from a parent’s perspective, signing a liability waiver can feel intimidating — almost like being forced to give up your child’s rights before they even start.

It’s important to know that you can’t sign away your child’s right to safety. Courts in Idaho, and across the country, tend to scrutinize these waivers closely when they involve children.

Are Daycare Liability Waivers Enforceable in Idaho?

This is where things get more complicated. Idaho courts do recognize some liability waivers, but they are not always enforceable — especially when it comes to minors.

In general, a liability waiver may hold up in Idaho if:

• It’s written in clear, understandable language
• It was signed voluntarily and knowingly
• It only covers ordinary negligence (not gross negligence or recklessness)

However, daycares face much stricter scrutiny. Idaho law and public policy place a strong emphasis on child safety, and courts are less likely to uphold waivers that try to excuse negligence involving children.

What Daycares Can’t Waive

Even if you signed a daycare liability waiver, there are many situations where it won’t protect the facility from responsibility. Under Idaho law, a daycare cannot use a waiver to avoid liability for negligence, recklessness, or violations of child safety standards.

For example, a waiver is unlikely to hold up if your child’s injury resulted from:

• Unsafe facilities – such as broken playground equipment, unsecured gates, or other hazards.
• Lack of supervision – when staff fail to monitor children properly, leading to falls, fights, or wandering.
• Negligent hiring or training – if unqualified or untrained caregivers are left in charge.
• Health and safety violations – including failure to follow Idaho Department of Health and Welfare regulations.
• Medical negligence – such as not responding appropriately to an allergic reaction or medical emergency.
• Abuse, neglect, or intentional harm – which can never be excused by a signed document.

These situations go beyond “ordinary risk.” They are preventable incidents caused by a failure to act responsibly — and no waiver can erase that obligation. When a daycare ignores proper supervision, safety rules, or state childcare laws, they can still be held legally accountable for your child’s injuries.

Comparative Negligence and Daycare Injuries

Idaho follows a legal principle called comparative negligence, which means that fault can be shared between parties.

For example, if the daycare claims your child was partially responsible for the incident (perhaps for not following instructions), a court will look at each party’s share of fault. As long as you or your child are found to be less than 50% at fault, you can still recover damages — though your compensation may be reduced based on your percentage of fault.

An experienced daycare injury attorney can help you understand how comparative negligence might apply in your situation.

What to Do If Your Child Is Hurt at Daycare

If your child was injured at daycare — even if you signed a waiver — take these steps right away:

1. Seek medical care immediately. Get your child evaluated by a doctor, even if injuries seem minor.
2. Document everything. Take photos of injuries and the area where the incident occurred.
3. Report the incident. Notify the daycare in writing and request a copy of any incident reports.
4. Contact the state licensing agency. File a report if you suspect negligence or unsafe conditions.
5. Consult a daycare injury attorney. A personal injury attorney, or daycare injury attorney, can review the waiver and determine whether it’s legally valid.

Don’t let a signed form discourage you from seeking justice. Many parents are surprised to learn they still have the right to pursue compensation.

How a Daycare Injury Attorney Can Help

A daycare injury can leave parents feeling overwhelmed and unsure where to turn — especially if a signed waiver makes it seem like your options are limited. The good news is, in Idaho, liability waivers rarely hold up when negligence is involved, and a skilled personal injury attorney can help you navigate every step of the process.

An experienced daycare injury attorney can:

• Review the waiver and identify clauses that may not be enforceable under Idaho law.
• Investigate whether the daycare violated state childcare regulations or safety standards.
• Collect witness statements, photos, and other evidence that supports your claim.
• Handle communications with insurance providers and negotiate for fair compensation.
• Seek damages for medical expenses, pain and suffering, and emotional distress.

At Jane Gordon Law, a Boise-based law firm, we understand how devastating it is to see your child hurt because of someone else’s negligence. Our team fights for accountability and ensures you’re not left facing the system alone.

A liability waiver is not a free pass for carelessness. In Idaho, daycares are held to high safety standards — and when they fail to meet them, they can and should be held responsible.

If your child was hurt in daycare, don’t assume you can’t take legal action. Contact Jane Gordon Law today for a free consultation. We will review the details of your case, evaluate the waiver, and help you understand your rights. Because when it comes to your child’s safety, no waiver should stand in the way.