By Alexander “Sandie” Pendleton
In a long-awaited decision, the Minnesota Supreme Court has ruled unenforceable a parental waiver agreement signed by a mother of a seven-year-old boy who was seriously injured at a commercial indoor play area.
By Doyice Cotten
Reese Sayre was four years old when her father took her to a trampoline park. On entering, he signed an electronic agreement in which he agreed to arbitration in the event Reese was injured. The agreement stated that the father was waiving his child’s right to bring a claim in court against the park’s owners,
By Doyice Cotten
When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.
By Doyice Cotten
At one point, maybe 25 years or so ago, it was not unusual to hear or read ——-, “Waivers are not worth the paper they are printed on!” That time has come and gone; now virtually every professional in sport,
By Doyice Cotten
Levi Rutherford, a minor and a highly skilled skier, suffered a brain injury when he skied into a patch of thick, wet, machine-made snow and crashed at a ski resort d.b.a. The Canyons.
By Doyice Cotten
The Kentucky Supreme Court is the latest court to record an opinion regarding the enforcement parental waivers (a waiver signed by the parent of a child releasing the activity provider from liability for subsequent injury suffered by the child).
By Doyice Cotten
Bryan DiFrancesco’s son was injured while on a ski lift with a ski instructor employed by the defendant Win-Sum Ski Corp [DBA Holiday Valley, Inc.]. The uncle of the boy had signed a waiver of liability and assumption of inherent risks so that the 5 year-old could ski.
By Doyice Cotten
This is the eighth of an eight-part series on the enforcement of parental waivers.
As you should have surmised from the previous posts, parental waiver law varies by state.
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.
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. Read More