Oregon Addresses a Parental Waiver for the First Time
In 2003, the Colorado legislature passed a statute providing that parents have the authority to contract, on behalf of their child, to relieve a provider from liability for its negligence in the event the child is injured during participation (C.R.S.
Court in one more state rules that parental waivers are enforceable — this brings the number to approximately 15. This is an interesting case which includes well-explained reasoning of the two sides of the argument: Should a parent be allowed to waive the rights of a minor?
By Doyice Cotten
Just this week I was told by a health club employee that “Waivers are not worth the paper they are written on.” I had not heard that bit of erroneous information in some time; most sport,
By Doyice Cotten
In a recent case (Rosen v. BJ’s Wholesale Club, Inc., 2012 Md. App. LEXIS 100), Rosen was a member of BJ’s Wholesale Club. In becoming a member, Rosen signed a waiver releasing the store from liability for negligence.
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 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.
By Doyice Cotten
I attended a rodeo in Georgia recently and witnessed an event that had considerable potential for injury. The event was called the Calf Scramble. The event consists of a large number of children who upon a signal chase a calf around the arena while attempting to pull a tag off his tail.