Posts Tagged ‘liability’

School District Sued By Ex-Football Player

Multiple concussions blamed for former student’s symptoms

A Pennsylvania school district is being sued by a former student who suffered three concussions in games during the 2007 football season. Zachary Alt, 19, complains of memory problems and nausea stemming after being told by the coaching staff to continue playing in games without being properly diagnosed. He was never removed from the games, but after the last concussion, he was diagnosed with a traumatic brain injury at a hospital.

concussion risk management

Source: Insurance Journal, April 4, 2011.

Business Liability Waivers Affecting Children

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