Tag Archives: parental waivers

State Parental Waiver Law Summarized — Part VIII

 

By Doyice Cotten

This is the eighth of an eight-part series on the enforcement of parental waivers.

As you should have surmised from the previous posts, parental waiver law varies by state. One law that remains the same in all states is that a contract signed only by the minor is unenforceable and non-binding, with a few possible exceptions (e.g., for necessities, when emancipated, when approved by the court).

I mentioned in an earlier post that prior to 1990,

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 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;

WAIVERS FOR MINOR PARTICIPANTS: Enforced in the Past but Unlikely in the Future — Part IV

 

By Doyice Cotten

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

Parental waiver law in three states will be addressed in this post. Parental waivers have been enforced by appellate courts on several occasions in the past in two of the states (Connecticut and Wisconsin) and by a U.S. District Court in New York.

WAIVERS FOR MINOR PARTICIPANTS: Broad Statutes Relating to Enforcement of Parental Waivers — Part III

 

By Doyice Cotten

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

 

Statutes Allowing Parental Waivers for Negligence

Three states have statutes that specifically state that parental waivers are enforceable under certain circumstances. These are Alaska, Colorado, and Minnesota.

Alaska

A.S. 09.65-292 [2012] provides the following:

(a) Except as provided in (b) of this section,

WAIVERS FOR MINOR PARTICIPANTS: States Yielding Insufficient Enforcement Information — Part II

By Doyice Cotten

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

 

In Part I of this series, states in which court rulings, public policy, or statute forbid the enforcement of parental waivers were listed. Unfortunately, it is not always possible to confidently predict whether courts in a state will enforce such waivers. There are seventeen states from which there is insufficient information from caselaw to forecast the way in which courts might rule.

A Cursory Look at California Waiver Law

By Doyice Cotten

Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Requirements

“California courts require a high degree of clarity and specificity in a release in order to find that it relieves a party from liability for its own negligence.” (Cohen v.

New Minnesota Law Voids Some, But Not All, Waivers

Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.

An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed.  Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity), which agreement purports to waive or release liability resulting from conduct that constitutes “greater than ordinary negligence,” is against public policy, and is therefore void and unenforceable.

Revised State Update on Enforcement of Parental Waivers

By Doyice Cotten

 In September, we ran an article showing which states currently enforce parental waivers. The next week we were told of two recent cases dealing with the subject and in the process of searching for them, found a total of three new relevant cases from three separate states – Maryland, Indiana, and Delaware. Two of the courts enforced the waiver while one did not. We have since posted a summary of each case and this post is a revision of the September summary.

Updating Parental Waiver Law — Part II

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. Three states were discussed in an article posted last week. Here, we will address recent cases affecting parental waiver law in Alabama, Texas, and Pennsylvania. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Alabama

J.T., a minor, was injured while riding his motorcycle on a motocross course at Monster Mountain MX Park.