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.

Updating Parental Waiver Law — Part II

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. Three states were discussed in an article posted last week. Here, we will address recent cases affecting parental waiver law in Alabama, Texas, and Pennsylvania. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Alabama

J.T., a minor, was injured while riding his motorcycle on a motocross course at Monster Mountain MX Park.

Updating Parental Waiver Law — Part I

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. The purpose of this two-part article is to bring you up-to-date on changes in the law. Three states are discussed below and Alabama, Texas, and Pennsylvania will be covered next week. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Iowa

The Iowa Supreme Court has recently clarified parental waiver law in Iowa (Galloway v.

Parental Equine Waivers Are Enforceable in Utah

By Doyice Cotten

Utah law regarding the enforcement of parental waivers has been clearly established since the Hawkins v. Peart Utah Supreme Court decision in 2001. The Court ruled that it was against public policy for a parent to release the prospective negligence claim prior to or after an injury.

In a 2013 case (Penunuri v. Sundance Partners, LTD), however, the Utah Supreme Court examined the Utah Equine Statute passed in 2003.