| -link"> | | | | for their children, but noted that authority is not unlimited. |
| Clearwater, St. Petersburg, Tampa, Personal Injury | | | | Specifically, it noted the statutory authority of a parent, |
| Attorney, James W. Dodson talks about what to do | | | | acting as the natural guardian of a minor child, to settle |
| when faced with a pre-injury release form. Many | | | | a child's injury claim up to $15,000 in Florida. The court |
| parents sign releases unknowing of the danger they | | | | found public policy cannot allow parents to execute |
| might face with their children. | | | | pre-injury releases on behalf of minor children. It stated, |
| Parents commonly face this dilemma: your child wants | | | | While a parent's decision to allow a minor child to |
| to participate in some activity which requires an | | | | participate in a particular activity is part of the parent's |
| admission fee and the parent to sign a release of | | | | fundamental right to raise a child, this does not equate |
| liability. Should you do it? Are such releases valid in | | | | with a conclusion that a parent has a fundamental right |
| Florida? | | | | to execute a pre-injury release to a tortfeasor on |
| A recent decision by the Florida Supreme Court has | | | | behalf of a minor child. It cannot be presumed that a |
| appeared to settle the issue. The case involved a | | | | parent who has decided to voluntarily risk a minor |
| custodial parent, whose 14-year-old son wanted to ride | | | | child's physical well-being is acting on the child's best |
| an ATV at a commercial motorsports park. The father | | | | interest. |
| signed, on his son's behalf, a release and waiver of | | | | It found a parent, who decides to execute a pre-injury |
| liability, assumption of risk and indemnity agreement, | | | | release on behalf of a minor child is not protecting the |
| and his son was allowed to ride the ATV. While | | | | interests of the child, but the interest of the activity |
| attempting a jump, the boy lost control of the ATV | | | | provider. Business owners need to focus on providing |
| and he was ejected. He died. The boy's mother was | | | | a safe environment, not protecting their own interest |
| not aware her son was participating in the activity. | | | | without regard to safety. Consequently, the court |
| After the boy's death, an estate was opened and a | | | | reversed the trial court and reinstated a lawsuit |
| personal representative was appointed who brought | | | | brought by the child's estate. The Court stated "we |
| suit for wrongful death against the sports facility. In | | | | hold that a pre-injury release executed by a parent on |
| defending the lawsuit, the sports facility raised the | | | | behalf of a minor child is unenforceable against the |
| release documents signed by the boy's father as a | | | | minor or the minor's estate in a tort action arising from |
| defense against the claim. The trial court ruled the | | | | injuries resulting from participation in a commercial |
| release was valid and binding and barred the lawsuit | | | | activity." |
| by the child's estate. | | | | Note this case involved commercial activities, not |
| Resolving the issue presented a conflict between a | | | | purely voluntary activities such as at school or church. |
| parent's right to raise their children and the state's right | | | | (The opinion of the Florida Supreme Court in Kirton vs. |
| to protect children. The Florida Supreme Court | | | | Jordan Fields may be found that 33 Fla. L. Weekly |
| recognized the authority of parents to make decisions | | | | S939, Dec 12, 2008. |