Tag Archives: minor

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

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. The boy fell from the lift and sustained severe injuries. The father subsequently filed a suit in federal court against the ski resort on behalf of the boy (DiFrancesco v.

WAIVERS FOR MINOR PARTICIPANTS: Statutes Relating to Particular Activities — Part I

 

By Doyice Cotten

This is the first of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

 It is well-established that a liability waiver will protect sport, recreation, and fitness providers from liability for injury resulting from provider negligence in almost every state when the waiver is well-written, properly administered, and voluntarily signed by an adult participant. Many providers,

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

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. Lynam sued alleging negligence and recklessness (Lynam v. Blue Diamond Motocross LLC, 2016).

 

Lynam’s father had signed a waiver entitled “Parental Consent, Release and Waiver of Liability,

Florida Waiver Law for Minors

By Doyice Cotten

The Florida Supreme Court (Kirton v. Fields, 2008) has ruled that parental waivers designed to protect commercial entities from liability for negligence are not enforceable. Florida appellate courts, however, have enforced parental waivers when used by schools or recreational entities (Krathen v. School Board of Monroe Country, Fla., 2007; Gonzalez v. City of Coral Gables, 2004).

In 2013, the Florida Legislature passed F.S.

Another Waiver Fails to Protect in Connecticut

By Doyice Cotten

Ronald Perry and his minor son filed suit against the Town of East Haddam after the son (Tucker) was injured while riding a scooter while attending  a “Summer day camp.” (Perry v. Town of East Haddam, 2016 Conn. Super. LEXIS 1149).  They alleged, among other things, negligent supervision on the part of the town and the supervisor of the program.

Defendants responded to the suit by claiming they were protected by a liability waiver and indemnification agreement signed prior to the injury.

Waiver Protects Program for Youth with Disabilities for Liability for Negligence

By Doyice Cotten

Robert Rogers, an autistic child, participated in a program for youth with disabilities offered by Ability First. Robert’s grandmother (with authority from the mother) approved his participation in local neighborhood excursions and signed a waiver of liability releasing Ability from liability.

On the day of the incident, Ability took Robert on a “walking field trip” to a nearby Target store.

While walking back to Ability’s facility, Robert broke into a foot race with other Ability attendees to reach a gate in a chain link fence at an entrance to Ability’s grounds.

Parental Waiver Fails to Protect in Oklahoma

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. She underwent an instruction course that included determining the condition of the parachute after deployment, gaining control and resolving any deployment problems and, if necessary, activating her emergency parachute.

First Parental Waiver Enforced in North Carolina

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. She attended a JROTC orientation visit to a United States Marine Corps Base after one of her parents signed a waiver of liability on her behalf. She was injured and this suit was filed.

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,

A Look at Mississippi Waiver Law

By Doyice Cotten

Mississippi waiver law is not crystal clear in spite of several Supreme Court of Mississippi rulings. Some major considerations are addressed in the following.

Quinn v. Mississippi State University (1998)

An important liability waiver case addressed by the Mississippi Supreme Court (Quinn v. Mississippi State University, 1998) involved a 12-year-old baseball player at a summer baseball camp. The father and the boy signed a pre-printed liability waiver.