Houston’s Scarlett Collings and Claire Armstrong co-authored an article for Texas Lawyer discussing the best approach to hosting trick-or-treaters during the COVID-19 pandemic. Their article discusses whether waivers are advisable or enforceable on behalf of minor children – something that has never been decided definitively by Texas courts.
“For now, parents should be aware that any waivers they sign on behalf of their children may not actually waive a potential negligence or other claim that their child would have if they ended up injured or otherwise harmed. And homeowners or social hosts inviting others onto their property should likewise remember that they could still be liable for an injury or harm to a minor, even if they secured liability releases from parents upfront. But perhaps such uncertainty is yet another reason to consider virtual Halloween parties this season!” they write.
The authors go on to summarize the recommendations and guidance issued by Texas counties with regard to celebrating Halloween safely in 2020.
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