Tag Archives: waiver law

WAIVERS FOR MINOR PARTICIPANTS: Broad Statutes Relating to Enforcement of Parental Waivers — Part III

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By Doyice Cotten

This is the third of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

 

Statutes Allowing Parental Waivers for Negligence

Three states have statutes that specifically state that parental waivers are enforceable under certain circumstances. These are Alaska, Colorado, and Minnesota.

Alaska

A.S. 09.65-292 [2012] provides the following:

(a) Except as provided in (b) of this section,

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.

Waivers OK in Montana – New Statute

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By Doyice Cotten

For years there have been three states that prohibit the enforcement of pre-injury liability waivers: Louisiana, Montana, and Virginia. Now there are only two as the Montana Legislature has passed HB0204. Granted, there are a few more states in which courts are rather reluctant to enforce waivers.

Some of the reasoning behind the statute included getting maximal participation and availability of sports and recreational activities for residents and visitors; the fundamental right of people to decide on activities and contracts;

Florida Supreme Court Rules on the Need to Include “Negligence” Language in Liability Waivers

By Doyice Cotten

For some time, the appellate courts in Florida have disagreed as to whether a waiver must include the term “negligence,” “negligent acts,” or similar language in order to be enforceable. In Sanislo v. Give Kids the World, Inc. (2015 Fla. LEXIS 214), the Supreme Court of Florida ruled the use of the word “negligence” is not required. The decision came in a close 4 to 3 verdict.

The Fifth District Court of Appeals had “held that an exculpatory clause was effective to bar a negligence action despite the absence of express language referring to release of the defendant for its own negligence or negligent acts.” The First,

Some Waivers Are Enforceable in New York State!

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By Doyice Cotten

      The dominant statute in New York waiver law is G.O.L. Sec. 5-326. The statute deems waivers void as against public policy under specific circumstances.  The General Obligations Law provides:

[e]very covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation or similar establishment and the user of such facilities,

Liability Releases and Waivers in North Carolina – Part 3

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By Rick Conner
 Part 3 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. DC

 Tips for Making Releases and Waivers Enforceable
 1. Avoid ambiguity.

Remember that releases and waivers are not favored by courts and will be strictly construed against the party seeking to enforce them.

Liability Releases and Waivers in North Carolina – Part 2

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By Rick Conner
Part 2 of 3

 

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Part 3 will appear next week. DC

The Public Interest Exception

The Supreme Court of North Carolina has held that “a party cannot protect himself by contract against liability for negligence in the performance of a duty of public service,

Liability Releases and Waivers in North Carolina – Part 1

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By Rick Conner
Part 1 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C. This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Parts 2 and 3 will appear over the next two weeks. DC

Imagine this – you have front row seats to watch the Charlotte Bobcats play the Phoenix Suns. You have an unbeatable view of the action – so close that you are able to strike up a conversation with Gerald Wallace during warm-ups.

Minnesota passes language requirement for liability waivers

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By Allison Eklund

Thanks to Allison for permission to republish her informative article –  © 2013 Eklund Law, PC.  

As the dust settled from the Minnesota State Legislature’s spring session, a new statute passed affecting language in liability waivers caused some ripples through the equine insurance industry but didn’t attract headline news.

Most equine businesses offering riding instruction, carriage rides, or other services are familiar with liability waivers. 

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.