States that allow a parent to sign away a minor’s right to sue
Posted: June 7, 2017 | Author: Recreation Law | Filed under: Alaska, California, Colorado, Florida, Maryland, Massachusetts, Minnesota, Minors, Youth, Children, North Dakota, Release (pre-injury contract not to sue) | 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, New York, 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 |
If 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
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By Statute |
Restrictions |
| Alaska |
Alaska: Sec. 09.65.292 |
Sec. 05.45.120 does not allow using a release by ski areas for ski injuries |
| Arizona |
ARS § 12-553 |
Limited to Equine Activities |
| Colorado |
C.R.S. §§13-22-107 |
|
| Florida |
Florida Statute § 744.301 (3) |
Florida statute that allows a parent to release a minor’s right to sue |
| 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 |
| Utah |
78B-4-203. Limitations on Liability for Equine and Livestock Activities |
Limited to Equine Activities
(b) providing a document or release for the participant, or the participant’s legal guardian if the participant is a minor, to sign. |
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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 |
Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454 |
Allows a release signed by a parent to require arbitration of the minor’s claims |
| 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 |
| Maryland |
BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714; 80 A.3d 345; 2013 Md. LEXIS 897 |
Maryland top court allows a parent to sign away a minor’s right to sue. Release was not fantastic, but good enough. |
| 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 |
North Dakota decision allows a parent to sign away a minor’s right to sue |
| Ohio |
Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998) |
Ohio Appellate decision upholds the use of a release for a minor for a commercial activity |
| Wisconsin |
Osborn v. Cascade Mountain, Inc., 655 N.W.2d 546, 259 Wis. 2d 481, 2002 Wisc. App. LEXIS 1216, 2003 WI App 1 |
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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On the Edge, but not enough to really rely on
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Decisions are by the Federal District Courts and only preliminary motions |
| North Carolina |
Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741 |
North Carolina may allow a parent to sign away a minor’s right to sue for injuries when the minor is engaged in non-profit activities sponsored by schools, volunteers, or community organizations |
| New York |
DiFrancesco v. Win-Sum Ski Corp., Holiday Valley, Inc., 2017 U.S. Dist. LEXIS 39695 |
New York Federal Magistrate in a Motion in Limine, hearing holds the New York Skier Safety Statute allows a parent to sign away a minor’s right to sue. |
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