Mississippi Parental Waiver Law

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,

Oregon Addresses a Parental Waiver for the First Time

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. Bachelor, Inc. (2013), Myles Bagley’s father signed a waiver and indemnity agreement on behalf of his son so that the 17 year-old, an expert snowboarder, could purchase a season pass to Mt. Bachelor. The waiver was signed two weeks before Myles’ 18th birthday.

Connecticut, California, and North Dakota Courts Address Parental Waivers

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.

Colorado Parental Waiver Statute Applied by Courts

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. 13-27-107 (2003). Among other things the statute provides

(IV) Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities that may involve risk;

Revised State Update on Enforcement of Parental Waivers

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, found a total of three new relevant cases from three separate states – Maryland, Indiana, and Delaware. Two of the courts enforced the waiver while one did not. We have since posted a summary of each case and this post is a revision of the September summary.

News Flash: Parental Waiver Enforced in Delaware

By Doyice Cotten

Jahndee Hong and her husband joined an athletic club and signed a liability waiver. In addition to the names of her and her husband,  the membership listed the names of all three of their children. Subsequently, she left her child playing on the indoor playground equipment at the club. He fell from a piece of equipment and broke his arm.

She filed suit alleging negligence by the club.( Hong v. Hockessin Athletic Club,

News Flash: Ruling on Parental Waivers in Indiana

By Doyice Cotten

[It is interesting (frustrating) that this Indiana case (and 2 more parental waiver cases to be addressed soon) have been recently published and found just days after a summary article for parental waivers appeared on this website.]

Facts

A 17-year-old girl playing in a summer baseball/softball league was injured while sliding into second base (Wabash County Young Men’s Christian Association, Inc.

More on Parental Waivers in Florida

By  Doyice  and Mary Cotten

On February 7 of this year we posted an article “Updating Parental Waiver Law — Part I

updating laws regarding parental waivers in Florida and a number of other states. The Florida statute addressed was s. 744.301 in which the legislature authorized parental waivers for injuries or loss resulting from the inherent risks of the activity (but NOT from the negligence of the provider).

In this article I want to make our readers aware of another statute that might be important to parties signing or relying on parental waivers in Florida.