Parents concerned over daycare COVID-19 liability waivers

On August 11, the Texas Health and Human Services Commission was notified of 49 newly reported positive cases of COVID-19, 34 staff and 15 children, at 37 child care centers. That brings up the state's total to 3,213 at childcare centers.

Some centers are now requiring parents to sign COVID-19 liability waivers.

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"Everybody trying to waive liability when it comes to COVID-19," said Carmen Roe, FOX 26 Legal Analyst.

Roe says it's hard to warn people what type of language they could be wary about because contracts can contain any terms the two parties agree to.

Although the contracts can contain language like "promise not to sue" Roe says the families still have rights.

"COVID-19 like many possibilities in the world cannot be anticipated and can't really be contracted for," explained Roe. "So, the best efforts have been made to warn you that you can't sue or to suggest that you can't sue but, again, the right circumstances always present themselves so that you can sue at some level depending on the circumstances. And, the more dire the circumstances, the more like you're going to have the right to sue."


Roe advises parents to a lawyer review any legal document. However, if they can't, she says, read the waiver entirely and remember they have the right to suggest changes.