Florida Liability Waivers: Why They Fail and How the Injured Can Still Recover

Liability waivers are everywhere in Florida. Before your child jumps on a trampoline, before you step into a fitness class, and even when you buy a Disney ticket, concert pass, or sports event ticket, you are asked to “waive your rights.” Businesses and insurers rely on these documents to discourage lawsuits and limit liability.

But here is the truth: waivers are not bulletproof in Florida. Courts subject them to strict scrutiny. Waivers can only cover ordinary negligence, and even then, only when drafted in clear and unmistakable language. They cannot excuse gross negligence, intentional misconduct, or—when it comes to children—the negligence of a commercial activity provider. Municipal parks and schools are not governed by waiver law at all, but by Florida’s sovereign immunity statutes.

At My Affordable Attorney, we represent injury victims, not businesses. Our role is breaking waiver defenses and ensuring injured clients still recover.

Key Legal Definitions

Ordinary Negligence

Failure to use reasonable care under the circumstances.

• Example: A staff member forgetting to wipe up a spilled drink on a gym floor.

Gross Negligence

Defined in § 768.72(2), Florida Statutes: conduct so reckless or wanting in care that it shows a conscious disregard or indifference to life, safety, or rights.

• Example: A trampoline park ignoring years of safety complaints about broken springs.

Intentional Misconduct

Also in § 768.72(2): when a party has actual knowledge of wrongfulness and a high probability of injury, yet deliberately goes forward.

• Example: Knowingly operating a broken ride at a theme park.

Commercial Activity Provider

 Defined in § 744.301(3): a for-profit business offering recreational activities, such as trampoline parks, martial arts gyms, cheer gyms, and camps. Parents may only waive inherent risks, not negligence.

Florida Case Law on Waivers

• University Plaza Shopping Center v. Stewart, 272 So. 2d 507 (Fla. 1973): Waivers are strictly construed against the drafter; the Court refused to enforce a clause that did not clearly release negligence.
• Kirton v. Fields, 997 So. 2d 349 (Fla. 2008): Florida Supreme Court invalidated parental waivers for negligence in commercial activities, citing strong public policy protecting children. This decision was later narrowed by statute (§ 744.301(3)), which allows waivers for inherent risks only.
• Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015): Resolved a district split and held that waivers need not use the word “negligence.” The Court rejected the idea that “negligence” is a magic word, focusing instead on whether an ordinary person would understand the waiver’s scope.
• Murphy v. YMCA, 974 So. 2d 565 (Fla. 2d DCA 2008): Waiver invalidated because it promised safety while simultaneously disclaiming liability, creating ambiguity.

Note: Even when a personal injury case lands in federal court, judges apply Florida law in diversity cases, meaning waivers face the same strict scrutiny.

Trampoline Parks, Camps, and Children’s Waivers in Florida

Trampoline Parks: Waivers may cover awkward landings or collisions (inherent risks). They do not cover negligent supervision, overcrowding, or unsafe equipment.

Cheer Gyms & Martial Arts Studios: Waivers may apply to inherent risks of training, but not negligent coaching or poor safety standards.

Camps & After-School Programs: Overbroad waivers are common. Courts strike them down when they attempt to cover negligence.

Disney and Florida Ticket Waivers: Theme Parks, Concerts, Movies, and Sporting Events

Florida theme parks and entertainment venues embed liability waivers in fine print on tickets or in online “click-accept” agreements.

How we challenge them:

• Conspicuousness: Was the waiver hidden in tiny print or buried online?
• Consent: Was there any real choice, or was the waiver mandatory to enter?
• Limits: Ticket waivers cannot excuse gross negligence or intentional misconduct.
• Statutory Duties: Florida premises liability duties cannot be contracted away.

Florida Gym and Fitness Center Waivers

Waivers often fail when they are:

• Buried in fine print at sign-up desks.
• Overbroad, trying to cover “all claims of any kind, forever.”
• Contradictory, making safety promises in one section and disclaiming liability in another.

Public Playground and School Injury Waivers Under Florida Sovereign Immunity

For municipal parks, recreation centers, and schools, waiver law does not apply. Instead:

• § 768.28, Fla. Stat. (Sovereign Immunity): Caps damages and governs liability for government entities. If a city had notice of a hazard and failed to correct it, claims may still proceed.
• § 375.251, Fla. Stat. (Recreational Use): Protects landowners who open land to the public for recreation without charge.

A “waiver” form for a city program does not replace these statutory frameworks.

Consumer Rights: What to Look for After Signing a Waiver

Signing a waiver does not automatically end your ability to recover. After an injury, review these key points:

Inherent risk or negligence?

Inherent risks, such as twisting an ankle during a normal trampoline jump, may be covered. Negligence, such as broken equipment, overcrowding, or lack of supervision, is not.

Was the waiver clear or buried in fine print?

Courts closely scrutinize waivers. If the language is hidden, overly technical, or difficult to read, it may not hold up.

Did the waiver claim to cover everything forever?

Waivers that attempt to release “all claims, of any kind, forever” are overbroad. Florida courts often strike them down because they go beyond what the law permits.

Was a child injured?

Florida law does not allow parents to waive a child’s negligence claim against a commercial activity provider. Waivers for children apply only to inherent risks.

Was this at a public park or school program?

Public facilities are governed by Florida’s sovereign immunity statutes, not waiver law. A form waiver cannot prevent a valid claim if the government knew about a hazard and failed to correct it.

How We Prove a Waiver Does Not Hold Up in Court

Plead Gross Negligence or Intentional Misconduct

• Example: “Defendant knew safety nets were broken for months and failed to repair them.”

Discovery

• Request inspection logs, training manuals, prior incident reports, and contracts. These often reveal ignored hazards.

Depositions

• Question staff about safety practices, prior accidents, and how waivers were presented to guests.

Expert Testimony

• Safety engineers explain the difference between inherent risk and preventable negligence.

Trial Strategy

• Argue strict construction: businesses bear the burden of clarity. Highlight contradictions, fine print, or rushed signing processes.

FAQs with Practical Examples

Does signing a waiver mean I have no case?
No. Waivers only bar ordinary negligence, and only if clear.

What if my child was injured at a trampoline park?
Parental waivers cover inherent risks, but not negligence like failure to supervise or unsafe equipment.

What if I slipped at a movie theater with a waiver printed on the ticket?
If staff knew about the spill and ignored it, the waiver does not apply. That is negligence.

What if I was hurt at Disney?
Disney tickets include disclaimers, but they cannot excuse gross negligence, like knowingly running a defective ride.

What if my injury happened at a public park?
Municipal immunity governs. If the city had notice of a hazard and failed to act, you may still recover.

What if I signed electronically?
Enforceable only if clearly presented. Hidden links or small print may invalidate them.

What if English is not my first language?
If you were not provided meaningful notice of the waiver’s content, enforcement may be challenged.

What if I signed for multiple children?
Each child’s rights must be considered separately; parents cannot waive negligence claims on behalf of minors.

Conclusion

Waivers are powerful tools for businesses, but they are far from absolute. They can excuse ordinary negligence only if crystal clear. They never shield gross negligence, intentional misconduct, or negligence involving children. Ticket waivers and public park waivers are even weaker.

If you or your child were injured at a trampoline park, gym, theme park, concert, sporting event, or public playground, even after signing a waiver, call 866-4-ONLY-25 today for a free consultation. We represent clients across Daytona Beach, Orlando, Jacksonville, Sanford, Miami, and throughout Florida.