A student sued me for an injury that happened 2.5 years ago. I had already shredded her paper waiver because she stopped coming. My lawyer told me that without the waiver, we have no defense against her negligence claim.
Key Takeaways
- Statute of Limitations: In many states, adults have 2-4 years to sue for bodily injury.
- Minors: For kids, the clock starts when they turn 18. You might need to keep waivers for 20 years.
- Digital Storage: Use cloud storage (Dropbox/WaiverForever). Paper fades and gets lost.
- Spoliation of Evidence: destroying a waiver after a threat is illegal.
The “Why”: The Defense Document
The Trap:
“I clean my files every year.”
Result: You threw away your shield.
The waiver is your primary defense. If you can’t produce it, it doesn’t exist.
The Investigation: Best Practices
I checked the statutes in CA, NY, and TX.
1. Adults
- Recommendation: Keep for 7 years. (Covers most statutes + buffer).
2. Minors
- Recommendation: Keep until they turn 21.
3. Digital Tools
- WaiverForever / DocuSign: These services store waivers indefinitely in the cloud. Worth the subscription cost.
[IMAGE: Chart showing Statute of Limitations by State]
Comparison Table: Storage Methods
| Method | Security | Longevity | Cost |
| Paper | Low (Fire/Loss) | Low (Fading) | Free |
| PDF Scan | High | High | Time |
| App | High | High | $ |
Step-by-Step Action Plan
- Go Digital: Stop using paper today.
- Scan Old Paper: Spend a weekend scanning the last 3 years.
- Cloud Backup: Save to Google Drive/Dropbox, not just your laptop hard drive.
- Check State Law: Google “Statute of limitations bodily injury [Your State].”
FAQ
Can I throw away waivers for drop-ins?
No! They are the most likely to sue.
Does a checkbox count?
Digital signatures are better. Checkboxes can be disputed (“I didn’t check that”).
Is a photo of a waiver valid?
Yes, as long as it’s legible.