Business Liability Waivers Affecting Children

Legal issues and sports insurance

Florida court rule they’re not allowed

Florida’s Supreme Court has ruled that parent cannot execute an injury liability waiver for a minor child when the liability release involves participation in a commercial activity, as opposed to a 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 10 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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