Business Liability Waivers Affecting Children Not Allowed In FL
Category : Waiver / Release
“The Florida Supreme Court has ruled that a parent can’t execute an injury liability waiver for a minor child when the liability release involves participation in a commercial, as opposed to community or nonprofit, activity.”
According to the court, if pre-injury waivers were allowed for commercial establishments, the incentive to take reasonable precautions to defend the safety of minor children would be eliminated.
Florida is one of about ten States that currently recognizes a parental waiver/release for purposes of contractual exculpation and lawsuit dismissal upon summary judgment.
This case is narrower in scope and does not impact the successful use of waiver/release agreements for minors in non commercial settings such as private leagues or municipal recreation departments.
Source: Insurance Journal-Southeast Region, January 12, 2009
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