Tag Archives: non-profit entities

Kentucky Supreme Court Rules Parental Waivers Relied Upon by Commercial Entities Are NOT Enforceable

By Doyice Cotten

 The Kentucky Supreme Court is the latest court to record an opinion regarding the enforcement parental waivers (a waiver signed by the parent of a child releasing the activity provider from liability for subsequent injury suffered by the child). In this case, the child E.M., the child of Kathy Miller was injured while participating at a trampoline park (IN RE: Kathy Miller v. House of Boom Kentucky, LLC, 2019).

The issue was whether a pre-injury liability waiver signed by a parent on behalf of a minor child is enforceable under Kentucky law.

WAIVERS FOR MINOR PARTICIPANTS: More States with Likely Enforcement of Commercial and Non-Profit Entities — Part VII

 

By Doyice Cotten

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

Last week, three states were discussed in which the enforcement of parental waivers is very likely. Three more states are discussed in this post. Parental waivers are likely to be enforced in each.

Indiana

A 2012 state appellate court (Wabash County Young Men’s Christian Association v.

WAIVERS FOR MINOR PARTICIPANTS: States with Likely Enforcement of Commercial and Non-Profit Entities — Part VI

By Doyice Cotten

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

Three states will be discussed in this post. Courts in each state enforce parental waivers utilized by both commercial and  non-profit entities. In the seventh post next week, three more states will be addressed. Parental waivers are likely to be enforced in each.

California

California was the first state in which the courts enforced a parental waiver.

WAIVERS FOR MINOR PARTICIPANTS: States Enforcing Only School-Community Recreation Waivers — Part V

 

By Doyice Cotten

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

As discussed in a previous post, some states distinguish parental waivers utilized by commercial entities from parental waivers relied upon by schools and community recreation entities.

Florida

Florida, too, was mentioned in an earlier post in regard to F.S. 744.301 [2017] which established the enforceability of parental waivers of the inherent risks of the activity;