Kentucky Liability Waivers: Signing One Doesn't Always End Your Case

A liability waiver (a court may call it an "exculpatory contract" or "pre-injury release") is an agreement, signed before an activity, that tries to release a business from responsibility if you're hurt. It's different from a settlement release you sign after an injury in exchange for money. Kentucky law treats those very differently.

The key Kentucky Supreme Court case is Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). The Court said waivers aren't automatically invalid, but "such contracts are disfavored and are strictly construed against the parties relying upon them." The wording must be "so clear and understandable that an ordinarily prudent and knowledgeable party to it will know what he or she is contracting away; it must be unmistakable."

Under Hargis, a pre-injury release "will be upheld only if":

1. "it explicitly expresses an intention to exonerate by using the word 'negligence;'" or
2. "it clearly and specifically indicates an intent to release a party from liability for a personal injury caused by that party's own conduct;" or
3. "protection against negligence is the only reasonable construction of the contract language;" or
4. "the hazard experienced was clearly within the contemplation of the provision."

So we read the actual document closely. A vague form that talks about "any and all claims" without mentioning negligence, or that describes risks of the activity but not the business's own carelessness, may fail this test. And if what hurt you was something the waiver never described, such as a broken railing at a climbing gym rather than a fall from the wall, the fourth option may not apply.

• Safety statutes. In Hargis, the Court held that "a party cannot contract away liability for damages caused by that party's failure to comply with a duty imposed by a safety statute." If a business broke a safety law or regulation, the waiver may not cover it.
• Intentional or reckless conduct. Courts are generally more skeptical of attempts to excuse conduct far beyond ordinary carelessness, and public policy may limit how far a waiver can reach. How far that goes in Kentucky depends on the facts.
• People who didn't sign. A waiver binds the person who signed it. Whether it affects claims by family members, such as a spouse's loss of consortium claim, is a separate question.
• Third parties. A waiver usually protects only the business named in it. A manufacturer of a defective harness or a separate maintenance company may still be responsible. See our premises liability page.

In Miller v. House of Boom Kentucky, LLC, 575 S.W.3d 656 (Ky. 2019), the Kentucky Supreme Court held that a pre-injury waiver a parent signed for a child at a for-profit trampoline park was unenforceable. The Court said Kentucky law reflects "no public policy shielding the operators of for-profit trampoline parks from liability," and noted that a commercial business can buy insurance and spread the cost of injuries.

The Court framed its holding as applying "under the specific facts of this case," and expressly left open waivers signed for school, nonprofit or volunteer youth activities. So:

• For-profit businesses (trampoline parks, play centers, paid camps, gyms): a parent's waiver very likely won't bar the child's claim.
• Schools, churches, nonprofit and volunteer leagues: the law is unsettled. See our daycare and school negligence and sports injury pages.

Any settlement of a child's claim still needs court approval. See our minor settlement guide.

• Amusement parks, water parks and fairs
• Gyms, climbing walls and fitness classes
• Trampoline parks and indoor play centers
• Pools and swim programs (see pool and drowning injuries)
• Equipment and boat rentals
• Work-site sign-in sheets and contractor "releases" (see construction injuries and third-party workplace claims)

1. Get medical care and keep every record.
2. Ask for a copy of what you signed, or screenshot the online version, before it changes.
3. Take photos of the equipment or condition that hurt you.
4. Don't sign anything new from the business or its insurer.
5. Watch the deadline. Most Kentucky injury claims must be filed within one year. See our statute of limitations guide.

Even if a waiver is enforced in part, Kentucky's comparative fault rules may still let you recover for the share of fault that isn't covered.

We read the waiver against the Hargis test, look for safety violations and other responsible parties, and prepare the case for trial from the start. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about Larry Forman or see our case results (past results don't guarantee a similar outcome). More guides are in our resource center.