Rogge Dunn of Rogge Dunn Group PC recently spoke to Texas Lawyer regarding the use of liability waivers as they relate to the recent flooding in Kerr County, Texas.
Despite the widespread use of these waivers, legal experts – Rogge among them – say camps and businesses affected by the flooding may not be shielded from lawsuits—particularly those involving the deaths of minors. Texas law does not allow parents to waive their children’s rights to sue for injuries or death, making standard liability waivers legally ineffective in many of these cases.
The issue is front and center following the July 4 flash flood that devastated Kerr County and led to over 100 confirmed deaths, including 27 at Camp Mystic.
Mr. Dunn says legal precedent is clear.
“Parents cannot release their kids’ claims,” Mr. Dunn told Texas Lawyer. ”So in this case, if the children were killed or injured, they can sue, and even if their parents signed a release, it’s no good.”
View the full story here.
