By Doyice J. Cotten
This update is taken from Waivers & Releases of Liability, 8th ed. by Doyice and Mary Cotten. It summarizes the most recent state case law regarding the enforceability of waivers for minors. For those requiring more information, the book has 14 fact-filled pages giving more detail than is possible here.
States that have or do enforce waivers for minor participants
First, waivers signed only by a minor are not enforceable in any state.
By Doyice Cotten
What is Risk Management? An expert in adventure law, Reb Gregg says:
The primary purpose of a risk management plan is not the avoidance of legal liability. Rather, it is the maintenance of a quality program; that is, one which deals reasonably and fairly with its clients or students and their families. A program that delivers what it says it will deliver, and does so in the context of reasonable management of the risks,
By Doyice Cotten
In a recent case (Wolfe v. AmeriCheer, Inc., 2012 Ohio App. LEXIS 827), a 13 year- old cheerleader suffered a spinal compression injury when a fellow cheerleader fell on her during the execution of a stunt. Only one of the three spotters was in proper position on the mat when she fell. Wolfe’s mother had signed a waiver releasing AmeriCheer from liability.
The trial court enforced the waiver ruling that the waiver protected against negligence claims (Ohio being one of the states in which parental waivers are enforced).
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.