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Search Results for: “parental waiver”

Minnesota’s Highest Court Invalidates a Parental Waiver lacking an unequivocal intent to release “Negligence”

November 8, 2022

 

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.

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Parental Waivers are not enforceable in New Jersey; But Parental Arbitration Agreements are!

October 11, 2022

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,

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Minnesota Parental Waiver Prevents Claim by an Adult who was injured as a Minor

March 29, 2022

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.

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Parental Waivers – Waivers Signed by Parents on Behalf of a Minor! Are they Enforceable in Your State?

May 4, 2020

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,

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Utah Supreme Court Reaffirms: Parental Waivers Are Not Enforceable in Utah

September 5, 2019

 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.

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Kentucky Supreme Court Rules Parental Waivers Relied Upon by Commercial Entities Are NOT Enforceable

July 30, 2019

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).

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Court in New York Ski Case Rules that Parental Waivers Allowing Minors to Ski are Valid & Enforceable

May 1, 2018

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.

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State Parental Waiver Law Summarized — Part VIII

January 16, 2018

 

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.

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

November 14, 2017

 

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.

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

December 13, 2016

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

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DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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