Texas Case Offers Good Analysis of Enforceability of Liability Release

One way that Texas landowners can protect themselves from liability is to ensure that guests sign liability waivers before engaging in certain activities.  For example, oftentimes hunters that plan to hunt on the property of another are asked to sign a liability waiver (also called a release of liability).  A recent Texas case, Quiroz v. Jumpstreet8, Inc., the court addressed whether a liability waiver was valid when a plaintiff was injured at a trampoline park.  The court addressed several issues, including the question of whether a release can waive claims for gross negligence.Ms. Quiroz and her son went to a trampoline park called Jumpstreet.  Prior to jumping, Ms. Quiroz signed a release form required by Jumpstreet.  While jumping, Ms. Quiroz was severely injured, leaving her paralyzed from the waist down.Ms. Quiroz filed suit against Jumpstreet for negligence and gross negligence.  She also filed claims on behalf of her minor children for loss of consortium and bystaner claims for mental anguish.  Jumpstreet filed a motion for summary judgment arguing that her claims should be dismissed because the release she signed expressly released any claims for negligence or gross negligence.  Ms. Quiroz alleged the release was invalid for a number of reasons, including because it would be against public policy to allow a release to waive claims for gross negligence.  The trial court granted Jumpstreet’s motion and dismissed the case.  Ms. Quiroz filed an appeal.