States that allow a parent to sign away a minor’s right to sue
Posted: November 12, 2014 Filed under: Alaska, California, Colorado, Maryland, Minnesota, Minors, Youth, Children, Ohio, Release (pre-injury contract not to sue), South Dakota | Tags: #AZ, #FL, #OH, #Zivich, AK, Alaska, Arizona, Atkins, Bismark Park District, CA, California, Cascade Mountain, City Of Coral Gables, City of Newton, CO, Colorado, Equine, Equine Safety Act, Florida, Global Travel Marketing, Gonzalez, Hohe, MA, Massachusetts, McPhail, Mentor Soccer Club, Minnesota, Minnesota Baseball Instructional School, Minor, minors, MN, Moore, NC, ND, North Carolina, North Dakota, Ohio, Osborn, Parent Signature, Release, Right to Sue, San Diego, San Diego Unified School District, Sharon, Shea, Swimwest Family Fitness Center, UT, Utah, WI, Wisconsin 1 CommentIf your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.
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State |
By Statute |
Restrictions |
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Alaska |
Alaska: Sec. 09.65.292 |
Sec. 05.45.120 does not allow using a release by ski areas for ski injuries |
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Arizona |
ARS § 12-553 |
Limited to Equine Activities |
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Colorado |
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Florida |
Florida Statute § 744.301 (3) |
Florida statute that allows a parent to release a minor’s right to sue |
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Virginia |
Chapter 62. Equine Activity Liability § 3.2-6202. Liability limited; liability actions prohibited |
Allows a parent to sign a release for a minor for equine activities |
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Utah |
78B-4-203. Limitations on Liability for Equine and Livestock Activities |
Limited to Equine Activities |
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By Case Law |
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California |
Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990) |
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Florida |
Allows a release signed by a parent to require arbitration of the minor’s claims |
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Florida |
Gonzalez v. City of Coral Gables, 871 So.2d 1067, 29 Fla. L. Weekly D1147 |
Release can be used for volunteer activities and by government entities |
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Massachusetts |
Sharon v. City of Newton, 437 Mass. 99; 769 N.E.2d 738; 2002 Mass. LEXIS 384 |
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Minnesota |
Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299 |
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North Dakota |
McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3 |
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Ohio |
Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998) |
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Wisconsin |
However the decision in Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 may void all releases in the state |
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Maryland |
BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714; 80 A.3d 345; 2013 Md. LEXIS 897 |
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On the Edge, but not enough to really rely on |
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North Carolina |
Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741 |
Ruling is by the Federal District Court and only a preliminary motion |
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[…] As of 2014, there are only 14 states that allow a parent to sign away the rights of a minor in the liability case. (https://recreation-law.com/2014/11/12/states-that-allow-a-parent-to-sign-away-a-minors-right-to-sue-…😉 […]
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