School Nut Allergy Contract

[Joshua H]

Jurisdiction

Texas

Jurisdiction: Texas

Hello Y'all,

This is confounding me. My 8 year old came home from school with a contract for me to sign. I am dubious about signing it. The contract basically states that there is a child in 3rd grade, this year, that is deathly allergic to all nuts, nut dust, and even incidental nut transfer from skin contact, from a person that recently ate nuts.
The last line before the obligatory signature reads:
"By signing below, I acknowledge that I have read and understand the peanut/nut free classroom procedures. I agree to do my part in keeping the learning environment peanut/nut free."

We will absolutely do our best to prevent our 8 year-old son from bringing nut-containing food items to school, however, by signing this I am worried about it being used against us in a civil lawsuit if my son sneaks in something to his backpack or takes food, unknowingly containing nuts.

I envision it working like this:
8 year-old sneaks granola bar into his backpack and exposes this allergic child to it incidentally through skin contact while playing.
Child has severe reaction.
School investigates at the behest of the parent and finds that my son brought the offending item.
Parents hire a lawyer and subpoena this document with my signature on it.
I am then sued and held liable.
I lose my house or retirement account.


Am I just being paranoid here, or is my signature opening me up to civil liability?

Thank you for your time,
Joshua

 

[Zigner]

That's not a "contract".

 

[zddoodah]

This is confounding me. My 8 year old came home from school with a contract for me to sign. I am dubious about signing it. The contract basically states that there is a child in 3rd grade, this year, that is deathly allergic to all nuts, nut dust, and even incidental nut transfer from skin contact, from a person that recently ate nuts.
The last line before the obligatory signature reads:
"By signing below, I acknowledge that I have read and understand the peanut/nut free classroom procedures. I agree to do my part in keeping the learning environment peanut/nut free."

Just FYI, that's not a contract.

Am I just being paranoid

Probably.

The document you described would, at most, evidence your awareness of the allergy situation, but that doesn't mean you have any legal duty to comply.

If I were you, I'd contact the administration and remind them that bajillions of things contain various "forms of nut products" and that you cannot be reasonably expected to ensure that nothing your kid brings will not contain any "form of nut products." It's beyond absurd to suggest that an entire third-grade class needs to refrain from bringing peanut butter and jelly sandwiches for lunch just because of one kid.

Are you being told that signing this is a necessary condition of your kid attending this school?

 

[adjusterjack]

I am then sued and held liable.

Yes, that's a possibility.

I lose my house or retirement account.

No, not if you have adequate liability limits on your homeowners insurance. $300,000 or $500,000 per person should be enough. And I believe that Texas has an unlimited homestead exemption from lawsuits. You really ought to study up on this stuff.

This may seem callous but it's a fact. Children aren't usually worth much in a wrongful death lawsuit. Some exceptions may exist for child prodigies.

And a child that survives a peanut allergy attack is probably going to recover without permanent damage. Hence a rather small insurance claim.

 

[mightymoose]

You are not obligated to sign or otherwise acknowledge receipt of the paper.
Heck, I remember as a kid most papers I was given to bring home never even made it there.