Florida Supreme Court: Parents Cannot Sign Binding Liability WaiversFor Kids Who Race

So there you have it, Parents cannot waive the right of a child
injured in a commercial event to file lawsuits.

The December 11 ruling stems from a May 10, 2003 accident involving a
14-year-old boy who was killed while jumping an ATV at an off-road
motorsports park. The child’s father had signed a “release and waiver
of liability, assumption of risk, and indemnity agreement,” according
to the ruling. However a representative of the child’s estate stepped
forward and filed a lawsuit for wrongful death against the park’s
operators.

A majority of the Florida Supreme Court justices said, in ruling that
the lawsuit could go forward, that the waiver signed by the father is
“unenforceable.”

http://www.roadracingworld.com/news/article/?article=35263

About time, I've never been pleased seeing suicidal 14 year olds
tearing round racetracks, lets hope this stops irresponsible
parenting, whats more, will an injured minor be able to take legal
action against their parents if it can be proved that they were
negligent?

 

Ain't no joke man, by these comments I would gues you have got all
your limbs? I know this sounds silly to you but I expect this ruling
to kerb parents willing to enter their children into high risk events.
Making the actions of a competitor to be those of an independent adult
who is at least 16 to 18 years old. Just because minors can be ignored
doesn't mean it doesn't hurt them.

 

You are correct it is no joke.I for one am sick and tired of the
government trying to run My life.I say leave Me alone to make decisions
that concern My child.
I am a 62 year old grandfather that has custody of My 10 year old
grandson since He was 3 years old due to the fact that his parents were
killed in auto accident.He has been riding Motocross since He was 4
years old.He lives and breathes Motocross.We ride 3 hours one way
sometimes to ride in the winter time.He understands the risk.When He
plays football he understands the risk.Has He had broken bones,a couple
but mostly bumps and scrapes.
I bet that those who makes these kind of decisions,have no idea what
Motocross is about.They don't know about the whole family spending the
day together at the track most weekends during the year.
Unless You been there You don't know what you are talking about.

 

We will see how the Supreme Court rulng affects future sport events
particularly regarding the participation of minors. If the organiser
insurance no longer covers liability against plaintiff action for the
representation of injuries sustained by minors then your lad won't be
able to race until he is an adult and I will be deemed to know what I
am talking about.

 

spews:

[whatever]

Hey Safety Nazi. Go back in your hole where you can't
get hurt.


Go fast. Take chances.
Mike S.

 

At first glance this looks like just another crazy ass ruling coming
out of the Sunshine State, which if you read closely seems to say that
any parent that allows their child to compete, or practice in "some"
sports are not doing so in the child's best interest and that opens a
whole other can of worms. So now, does the DCF come looking at the
family, or parent that allowed participation because they aren't
fulfilling their duties as a guardian?

ÒIt cannot be presumed that a parent who has decided to voluntarily
risk a minor childÕs physical well-being is acting in the childÕs best
interest."

I hope not, because then it would almost certainly be expanded to
include other sports, say, football, baseball, not to mention boxing,
or wrestling.

One can only hope their focus was to address the limit's of liability
some tracks and events try to cling to and not the integrity of
parent's who allow their children to participate. For instance, check
your ticket stub next time you're out at the track, if it's like most
I've seen the venue claims no responsibility for anything that might
happen and while they're completely free to claim anything they want,
when somebody gets hurt, crippled, or dies it's usually a much
different story and they tend to settle up. Why that didn't happen in
this particular case I don't know, but from the looks of it I think
it's fairly safe to say somebody's gonna be writing the big check
pretty soon...



#1 again! Gator Nation!!!

 

T3 proclaims:

They got ice tires? I do - and a pond.

At least now I understand. And just for completeness:
http://blog.cleveland.com/metro/2008/09/alligator_on_the_loose_cruisin.html


Go fast. Take chances.
Mike S.

 

And obviously much larger balls than I have..

3 feet? Perfect fryin' size!

 

T3 sez:

Mmmmmm, Gator.


Go fast. Take chances.
Mike S.

 

No, you're still a stupid asshole however it goes.

 

Hey moron, you say that to me face to face and I'll break your F***ing
neck.

 

spews:

You'll need to sign the liability waiver first.

Pretty tough talk from a safety weenie. Next time in
the UK is it OK I look you up and see if you're as tough
in person?


Go fast. Take chances.
Mike S.