Permission Slips: Who Is Liable for Field Trips and School Activities?

Parents of school-aged children are frequently asked to sign school permission slips and consent forms. These documents are sent home for all kinds of school activities, such as field trips, off-site events, clubs, and sports.

Does a signed consent form take away the right to bring a lawsuit to recover compensation for a child’s injuries? In today’s blog post, our personal injury lawyers will discuss liability for injuries suffered by a child in a school setting, with specific focus on the legal implications of parental consent forms.

If your child has been seriously injured while participating in a school activity, you don’t have to navigate the legal process on your own. We encourage you to reach out to our Oshawa and Lindsay law firm for a free case evaluation and personalized legal advice.

School Permission Forms vs. Liability Waivers

A school permission slip or consent form is a document that describes an activity or field trip and requests parental consent for the child to participate. It will usually contain a description of the risks associated with participating in that particular activity or excursion.

In comparison, a liability waiver is more strongly worded and contains language that limits the legal liability of one party to another. Parents and guardians are often required to sign waivers or liability releases as a precondition to their child participating in an activity (e.g., paintball, trampoline park, climbing gym, ski resort, amusement park, karate class).

Generally speaking, the effect of a liability waiver is that the person signing the waiver agrees to give up his or her legal right to sue for financial compensation if they suffer personal injury or death while participating in the activity in question, whether the injury came about simply by participating, or as a result of another’s negligence. As our Oshawa and Lindsay law firm has previously discussed, a liability waiver signed by a parent on behalf of a child may not be enforceable. Waivers and releases that purport to give up a child’s rights are viewed as being against public policy and not in the child’s best interests.

Can a Permission Form Eliminate School Liability?

We just compared liability waivers and consent forms. Now, let’s talk about permission forms and whether signing one can excuse a school from liability for injuries.

By signing a consent form or permission slip, a parent or guardian (and the student, if they are also asked to sign) are confirming that they understand the nature of the activity and the usual or normal risks associated with it. Signature(s) on a properly written permission form provide evidence of acceptance of those risks. The parent or guardian can’t later say they didn’t know their child was going to participate, nor can they later say they wouldn’t have let their child participate had they been made aware of the usual risks associated with it.

When a child is injured while participating in the activity or field trip, the signed permission form can protect the school from liability, but only if the injury occurred as a result of the normal risks of participating. A permission slip will not absolve the school from liability for negligent conduct on the part of teachers, coaches, etc. That means a consent form or permission slip will not hold up in court as a defence to your child’s personal injury lawsuit. Ontario courts have held that acceptance of the normal risks of a game, activity or excursion is not an acceptance of the risk of any negligence. 

Ontario Case Involving School Permission Slip

The Ontario Court of Appeal considered the legal impact of parental consent forms in Thomas v. Hamilton (City), Board of Education, 1994 CanLII 739 (Ont. C.A.). The personal injury lawsuit in that case arose after a 16-year-old boy suffered a serious spinal cord injury while making a tackle in a high school football game. He was left quadriplegic as a result, despite emergency surgery to stabilize his broken neck.

The student’s mother had signed an "Interscholastic Athletic Permission Form" on behalf of her son as a prerequisite to him playing on the football team. The Ontario Court of Appeal held that the signed permission form provided consent to the normal risks of the game. The injury he sustained occurred during a routine play and, although the consequences of his injury were devastating, the injury came within the ambit of those risks inherent in a contact sport such as football.

The Court was careful to clarify that the permission form did not give a consent which would overcome negligent conduct on the part of the school or his coaches. However, there was no negligence on the part of the school or coaches in this case. The student had been appropriately and progressively coached, he was an excellent athlete who excelled in a number of sports, including football, and his equipment was adequate.

Legal Help from Personal Injury Lawyers at Our Law Firm

Lindsay, Ajax, Whitby, and Oshawa parents, please know that you don’t have to handle your child’s personal injury claim on your own. The experienced lawyers at Kelly Greenway Bruce can help you navigate the legal system and get the support your child needs to recover from their injuries.

There are many special considerations when it comes to lawsuits involving an injured minor. If you are pursuing a claim on your child’s behalf, the skilled lawyers at our Oshawa and Lindsay law firm can advise you of the options, evaluate your child’s personal injury claim, and help develop a strategy to maximize your child’s personal injury compensation.

When you hire Kelly Greenway Bruce, our experienced lawyers and support staff maintain a personal relationship with you, taking time to answer all your questions. We work tirelessly to get fair compensation for our clients. Contact our dedicated team today to schedule a free initial consultation.