Can You Sue After Signing an Activity Waiver in Tennessee?

Yes, you can sometimes sue even after signing an activity waiver in Tennessee. A signed waiver, also called a release or exculpatory agreement, does not automatically end your right to sue. Tennessee courts weigh several factors before enforcing one, and they will not enforce a waiver that is unclear, unfair, or against the public interest.

Just as important, a waiver can never excuse gross negligence, recklessness, or intentional harm, and a parent generally cannot sign away a child’s right to sue. So if a trampoline park, gym, gym class, or other business handed you a form to sign, that form is not the last word.

Are Liability Waivers Enforceable in Tennessee?

Waivers for ordinary negligence are generally enforceable in Tennessee, but not in every case. The state Supreme Court set the current rules in Copeland v. HealthSouth/Methodist Rehabilitation Hospital (2018). A court decides whether to enforce a waiver by looking at the totality of the circumstances and weighing three factors:

• Relative bargaining power of the two sides
• Clarity of the language, which must be clear, unambiguous, and unmistakable about what you are giving up
• Public policy and public interest implications

No single factor decides every case. A waiver can fail on any of them, and courts scrutinize the wording and the situation closely.

When Can a Waiver Be Thrown Out?

Based on the Copeland factors, a waiver is vulnerable when:

• The language is vague or overly broad. Sweeping, all-encompassing releases that never make clear what the signer is giving up often fail.
• You had no real choice. A form shoved at you on a take-it-or-leave-it basis, with little time to read it and no chance to negotiate, weighs against enforcement.
• The service was important and hard to get elsewhere. The less free choice you had, the weaker the waiver.
• Enforcing it would harm the public interest. Courts are more skeptical when the business serves an important public role.

If a business rushed you through a dense form right before an activity and the release was written to cover everything imaginable, there is a real argument it should not hold up.

Some Things a Waiver Can Never Do

Tennessee draws hard lines that no waiver can cross:

• It cannot excuse gross negligence, recklessness, or intentional misconduct. A waiver only ever reaches ordinary negligence. When a business acts with conscious disregard for safety, a signed release does not protect it.
• A parent generally cannot waive a child’s right to sue. Tennessee courts have refused to let a parent’s signature bar a child’s injury claim, and have declined to enforce these releases against a parent’s wrongful death claim after a child’s death.

These limits matter most in exactly the settings where waivers are common, like children’s activities and recreation.

What Counts as Gross Negligence?

This distinction often decides a case. Ordinary negligence is a careless mistake. Gross negligence is a conscious, reckless disregard for the safety of others. Examples that may rise above ordinary negligence include:

• Ignoring a hazard the business already knew was injuring people
• Skipping basic, required safety measures entirely
• Operating equipment known to be broken or dangerous
• Failing to provide any supervision where it was clearly needed

Because a waiver cannot shield this conduct, showing that a business went beyond ordinary carelessness can keep a claim alive despite a signature.

What Should You Do If You Were Hurt Despite a Waiver?

Do not assume the form ends your case. Instead:

• Keep a copy of the waiver you signed, if you can get one
• Document the injury and the scene, with photos and names of witnesses
• Write down what happened, including any broken equipment, missing staff, or ignored hazards
• Get medical care and keep records
• Have a lawyer read the waiver. Whether it holds up depends on its exact wording and the facts

A close look at the language and the circumstances often reveals that a waiver is weaker than the business wants you to think.

Waiver and Injury FAQs

Does signing a waiver mean I can never sue?

No. A waiver may block a claim for ordinary negligence if it is clear and fair, but it cannot cover gross negligence, recklessness, or intentional harm, and it may fail if it is vague or one-sided.

I signed a waiver for my child. Can my child still sue?

Generally yes. Tennessee courts have declined to let a parent’s signature bar a child’s injury claim.

What makes a waiver unenforceable?

Unclear or overly broad language, a big imbalance in bargaining power, a take-it-or-leave-it presentation, or conflict with the public interest can all defeat a waiver.

How long do I have to file in Tennessee?

Generally, one year from the injury for a personal injury claim (Tennessee Code Section 28-3-104), so do not wait to have a waiver reviewed.

A Signed Waiver May Not End Your Case

A signature on a waiver is not a locked door. Whether it stands depends on how it was written and what the business actually did, and those are questions a lawyer can answer after reading the form.

The Higgins Firm reviews injury claims involving waivers, including premises liability cases, across Tennessee. Use our contact page for a free review of your waiver and your options.