By Alexander “Sandie” Pendleton
In a long-awaited decision, the Minnesota Supreme Court has ruled unenforceable a parental waiver agreement signed by a mother of a seven-year-old boy who was seriously injured at a commercial indoor play area.
By Doyice Cotten
Reese Sayre was four years old when her father took her to a trampoline park. On entering, he signed an electronic agreement in which he agreed to arbitration in the event Reese was injured. The agreement stated that the father was waiving his child’s right to bring a claim in court against the park’s owners,
By Doyice Cotten
The Sturms (Timothy, his wife Sandra, and their daughter Holly) decided to take a dogsled ride and prior to the ride, the two adults signed a liability waiver described as a Participation Agreement. During the ride,
By Doyice Cotten
When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.
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
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.
By Doyice Cotten
Levi Rutherford, a minor and a highly skilled skier, suffered a brain injury when he skied into a patch of thick, wet, machine-made snow and crashed at a ski resort d.b.a. The Canyons.
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).
By Doyice Cotten
In a 2018 New Jersey waiver case (Weed v Sky N.J., LLC, 2018 N.J. Super. Unpub. LEXIS 410), the primary issue revolved around the enforceability of an arbitration agreement included in the liability waiver.
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.