Archives

Parental Waiver Fails to Protect in Oklahoma

January 19, 2016

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.

Parental Waiver Ambiguity Caused by Failure to Specify that Both Parent’s and Minor’s Rights Are Waived

December 15, 2015

By Doyice Cotten

In a 2013 California case (Vahedy v. Remigio), a 16 year-old camper was injured while being transported by a camp volunteer back to the Jews for Jesus headquarters for the final night of the camp.

First Parental Waiver Enforced in North Carolina

June 30, 2015

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.

Mississippi Parental Waiver Law

May 6, 2014

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.

Oregon Addresses a Parental Waiver for the First Time

February 11, 2014

By Doyice Cotten

Prior to this case, Oregon was one of about 20 states in which the courts had not ruled on the enforceability of parental waivers in a recreational setting. In Bagley v. Mt.

Connecticut, California, and North Dakota Courts Address Parental Waivers

January 21, 2014

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.

Colorado Parental Waiver Statute Applied by Courts

January 14, 2014

By Doyice Cotten

In 2003, the Colorado legislature passed a statute providing that parents have the authority to contract, on behalf of their child, to relieve a provider from liability for its negligence in the event the child is injured during participation (C.R.S.

Another State High Court (Maryland) Rules Parental Waivers are Enforceable

January 7, 2014

By Doyice Cotten

Court in one more state rules that parental waivers are enforceable — this brings the number to approximately 15. This is an interesting case which includes well-explained reasoning of the two sides of the argument: Should a parent be allowed to waive the rights of a minor?

Revised State Update on Enforcement of Parental Waivers

October 30, 2012

By Doyice Cotten

In September, we ran an article showing which states currently enforce parental waivers. The next week we were told of two recent cases dealing with the subject and in the process of searching for them,

News Flash: Parental Waivers and Parental Indemnification Agreements Are Not Enforced in Maryland

October 23, 2012

By Doyice Cotten

In a recent case (Rosen v. BJ’s Wholesale Club, Inc., 2012 Md. App. LEXIS 100), Rosen was a member of BJ’s Wholesale Club. In becoming a member, Rosen signed a waiver releasing the store from liability for negligence.