Tag Archives: minor

Delaware Court Enforces Motocross Parental Waiver for Negligence but Not for Recklessness

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By Doyice Cotten

 

In 2013, Tommy Lynam (age 13), was riding a motocross bicycle at Blue Diamond Motocross near New Castle. While riding, Tommy rode off a jump, made a hard landing, and was unable to stop in time before colliding with a large metal shipping container. Lynam sued alleging negligence and recklessness (Lynam v. Blue Diamond Motocross LLC, 2016).

 

Lynam’s father had signed a waiver entitled “Parental Consent, Release and Waiver of Liability,

Florida Waiver Law for Minors

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By Doyice Cotten

The Florida Supreme Court (Kirton v. Fields, 2008) has ruled that parental waivers designed to protect commercial entities from liability for negligence are not enforceable. Florida appellate courts, however, have enforced parental waivers when used by schools or recreational entities (Krathen v. School Board of Monroe Country, Fla., 2007; Gonzalez v. City of Coral Gables, 2004).

In 2013, the Florida Legislature passed F.S.

Another Waiver Fails to Protect in Connecticut

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By Doyice Cotten

Ronald Perry and his minor son filed suit against the Town of East Haddam after the son (Tucker) was injured while riding a scooter while attending  a “Summer day camp.” (Perry v. Town of East Haddam, 2016 Conn. Super. LEXIS 1149).  They alleged, among other things, negligent supervision on the part of the town and the supervisor of the program.

Defendants responded to the suit by claiming they were protected by a liability waiver and indemnification agreement signed prior to the injury.

Waiver Protects Program for Youth with Disabilities for Liability for Negligence

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By Doyice Cotten

Robert Rogers, an autistic child, participated in a program for youth with disabilities offered by Ability First. Robert’s grandmother (with authority from the mother) approved his participation in local neighborhood excursions and signed a waiver of liability releasing Ability from liability.

On the day of the incident, Ability took Robert on a “walking field trip” to a nearby Target store.

While walking back to Ability’s facility, Robert broke into a foot race with other Ability attendees to reach a gate in a chain link fence at an entrance to Ability’s grounds.

Parental Waiver Fails to Protect in Oklahoma

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By Doyice Cotten

Makenzie Wethington, sixteen years-old, wanted to learn to skydive (Wethington v. Swainson, 2015). She and her parents, went to Pegasus Airsport Center to learn how. She and her parents signed a waiver of liability as part of the registration process. She underwent an instruction course that included determining the condition of the parachute after deployment, gaining control and resolving any deployment problems and, if necessary, activating her emergency parachute.

First Parental Waiver Enforced in North Carolina

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By Doyice Cotten

In Kelly v. United States of America (2014), the first parental waiver was enforced in North Carolina by a U.S. District Court. Morgan Kelly, a 15-year-old girl, was a cadet in the JROTC program at her high school. She attended a JROTC orientation visit to a United States Marine Corps Base after one of her parents signed a waiver of liability on her behalf. She was injured and this suit was filed.

Mississippi Parental Waiver Law

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By Doyice Cotten

Many businesses and organizations, like Mississippi State University, require parents to sign a liability waiver on behalf of their minor child or children. However, Mississippi law on the enforceability of such waivers is unclear.

The Mississippi Supreme Court stated in Khoury v. Saik (1948) that “It is well settled that the infant can waive none of his rights.”  It went on to say “Minors can waive nothing. In the law they are helpless,

A Look at Mississippi Waiver Law

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By Doyice Cotten

Mississippi waiver law is not crystal clear in spite of several Supreme Court of Mississippi rulings. Some major considerations are addressed in the following.

Quinn v. Mississippi State University (1998)

An important liability waiver case addressed by the Mississippi Supreme Court (Quinn v. Mississippi State University, 1998) involved a 12-year-old baseball player at a summer baseball camp. The father and the boy signed a pre-printed liability waiver.

“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases

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By Doyice Cotten

Five “Snow” cases have been presented in the previous two posts. Two more will be examined in this post.

Bagley v. Mt. Bachelor, Inc. (2013) – Colorado

This case was discussed in some detail in the February 11, 2013 post entitled “Oregon Addresses a Parental Waiver for the First Time.” The case involved a minor who reached the age of majority shortly after his father signed a liability waiver enabling him to snowboard on Mt.

Connecticut, California, and North Dakota Courts Address Parental Waivers

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By Doyice Cotten

Recent 2013 cases in Connecticut, California, and North Dakota have addressed the question as to whether parents have the authority to sign away the rights of a minor to recover for injury resulting from the negligence of the provider.

California Case

Lotz v. The Claremont Club (2013 Cal. App. Unpub. LEXIS 5748) involved a 10 year-old who was injured in a dodgeball game. It is well established that California law allows the enforcement of parental waivers provided the waiver is unambiguous and meets court requirements.