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.
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,
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.
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,
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,
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.
By Doyice J. Cotten
The case used in this post is a California case (Brown v. El Dorado Union High School District, 2022) and applies California waiver law. Laws in many states may differ substantially,
by Doyice Cotten
It is accepted that a well-written waiver, signed by an adult, is enforceable and will protect a provider from liability for injuries resulting from the negligence of the provider in most states. The same is not true,
By Doyice Cotten
Service providers often ask “Is my waiver still enforceable if a minor lies about his age and signs the waiver?” The answer probably varies considerably depending upon where the incident happens. Remember, waiver law is state law and the law is not the same everywhere.
By Doyice Cotten
In Hojnowski v. Vans Skate Park (2006), The New Jersey Supreme Court ruled that parental waivers of liability (those signed by parents on behalf of their minor child) are not enforceable in New Jersey.
