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States that allow a parent to sign away a minor’s right to sue

If your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.

State

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.
 

By Case Law

California Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990)
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
Minnesota Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299
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
 

On the Edge, but not enough to really rely on

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.

What do you think? Leave a comment.

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States that allow a parent to sign away a minor’s right to sue

If your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.

State

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.

 

By Case Law

 

California

Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990)

 

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

Massachusetts

Sharon v. City of Newton, 437 Mass. 99; 769 N.E.2d 738; 2002 Mass. LEXIS 384

 

Minnesota

Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299

 

North Dakota

McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3

 

Ohio

Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998)

 

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

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.

 

On the Edge, but not enough to really rely on

 

North Carolina

Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741
Kelly , v. United States of America, 2014 U.S. Dist. LEXIS 135289

Ruling is by the Federal District Court and only a preliminary motion
And final decision dismissing the case

What do you think? Leave a comment.

Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, minor, release, Parent Signature, NC, North Carolina, Alaska, AK, AZ, Arizona, CO, Colorado, Florida, FL, CA, California, MA, Massachusetts, Minnesota, MN, ND, North Dakota, OH, Ohio, WI, Wisconsin, Hohe, San Diego, San Diego Unified School District, Global Travel Marketing, Shea, Gonzalez, City Of Coral Gables, Sharon, City of Newton, Moore, Minnesota Baseball Instructional School, McPhail, Bismark Park District, Zivich, Mentor Soccer Club, Osborn, Cascade Mountain, Atkins, Swimwest Family Fitness Center, Minor, Minors, Right to Sue, Utah, UT, Equine, Equine Safety Act,

 


Kachina Peaks Avalanche Center Fundraiser Orpheum Theater November 16

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The Mission Of Kachina Peaks Avalanche Center, Inc. Is To Provide Support For And To Engage In Avalanche Education, Safety Training And Information Exchange Specific To The San Francisco Peaks In Northern Arizona.

Dear KPAC Friends,

Hope you are all well and enjoying a lovely fall. It’s almost time for our 7th annual fundraiser at the Orpheum Theater, 15 West Aspen St., Friday November 16. Two showings of the new Teton Gravity Research movie ‘The Dream Factory’, 7 and 9 p.m. This is an amazing movie event and we are fortunate to host it here in Flagstaff!

Tickets are $10 at the door. Doors open 30 minutes before each showing. Get there early to take advantage of our gear raffle and silent auction.

KPAC is offering a free ‘Introduction to Avalanches’ seminar December 12th, 6 pm, at the Leaf Auditorium, Coconino County Sheriff’s Office, 911 Sawmill Rd (behind New Frontiers off Butler). Check the website, www.kachinapeaks.org, for our other offerings: ‘Introduction to Avalanche’ seminars in January and February, a free Field Session on the Peaks and Level I Avalanche courses, available for college credit through NAU Outdoors.

We are a local 501c3 non-profit and depend upon your help for our continued success. This event is our main source of funding and we hope to see you there.

Thank you very much. Please contact me with questions, comments, concerns…we’re always interested in new help and ideas. Snow is in the air…safe travels!

Sincerely,

Derik Spice
Kachina Peaks Avalanche Center www.kachinapeaks.org
derik.spice

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Grand Canyon LTEMP EIS Scoping Report Available and Web-Based Meetings

LTEMP EIS Scoping Report Available
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Glen Canyon Dam

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Public comments on the scope of the Long-Term Experimental and Management Plan (LTEMP) Environmental Impact Statement (EIS) for Glen Canyon Dam operations were gathered by the Bureau of Reclamation (Reclamation) and the National Park Service (NPS) during the Public Scoping Period, which closed on January 31, 2012. A series of public scoping meetings were held in November 2011. During these meetings, Reclamation and the NPS provided the public with information about the LTEMP EIS and opportunities to meet with and ask questions of technical experts.

Reclamation and the NPS have reviewed and evaluated the comments received and developed the “Summary of Public Scoping Comments on the Glen Canyon Dam Long-Term Experimental and Management Plan Environmental Impact Statement” (Scoping Report), which is now available on the Documents page of the LTEMP EIS Web site at http://ltempeis.anl.gov/documents/

Upcoming Web-Based Public Meetings
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Two Web-based public meetings will be held on March 27, 2012 at 1:00pm and 6:00pm Mountain Daylight Time. The public is invited to participate in these meetings, which will provide a summary of public comments on the scope of the LTEMP EIS. The public will be able to watch a live overview of the Scoping Report, and will have an opportunity to ask questions of technical experts and managers involved in the EIS.

Those wishing to participate are encouraged to register through the LTEMP EIS Web site at http://ltempeis.anl.gov/involve/pubschedule/, but registration is not required. Participants are encouraged to log on to the webcast about 15 minutes before the start of each meeting to ensure they are connected before the meeting begins. For instructions on how to join and how to ask questions during the meetings, see
http://ltempeis.anl.gov/involve/pubschedule/

For More Information
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To learn more about how you can participate in the EIS process, visit the “Getting Involved” page of the LTEMP EIS Web Site
(http://ltempeis.anl.gov/involve/index.cfm).

If you have questions or need more information, contact the LTEMP EIS Webmaster at ltempeiswebmaster@anl.gov

Please forward this message to any party you feel may be interested in the LTEMP EIS.

_________________CONTACTS/SUBSCRIPTIONS________________

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