States that allow a parent to sign away a minor’s right to sue.
Posted: March 12, 2019 Filed under: Minors, Youth, Children, 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, Right to Sue, San Diego, San Diego Unified School District, Sharon, Shea, Swimwest Family Fitness Center, UT, Utah, WI, Wisconsin Leave a commentIf your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.
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
Posted: June 7, 2017 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 Leave a commentIf your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.
What do you think? Leave a comment.
Copyright 2017 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
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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.
|
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 |
|
|
|
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 |
|
|
By Case Law |
|
|
California |
Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990) |
|
|
Florida |
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 |
|
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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 |
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
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OSHA can close you down if they do not believe you are able to keep employees safe
Posted: July 11, 2012 Filed under: Uncategorized | Tags: #FL, Administrative law judge, Occupational safety and health, ORCA, OSHA, Sea World, SeaWorld, Trainer, Twitter Leave a commentSea World can no longer allow trainers in the water with ORCAs after OSHA Administrative law judge ruling
More than two years ago a trainer at Sea World in Orlando Florida was killed by an ORCA (killer whale in the article). OSHA spent six months studying Sea World and how it dealt with ORCA’s. Sea World appealed OSHA’s ruling, and the administrative law judge followed OSHA’s findings to a great extent.
The basis of the ruling is there must be a barrier between trainers and ORCAs or trainers must be at a greater distance from the animals.
This to some extent will totally change the program that Sea World is so famous for.
The reasoning allegedly behind the ruling was threefold:
· None of the techniques that Sea World had developed to deal with problems did not work with the ORCA that killed the trainer. These actions included “slaps in the water and other signals devised to bring him under control.”
· The statements that Sea World argued on ORCA behaviors were not based on science. ORCAs had been involved in four deaths.
· Sea World had an inclination to blame trainers for problems.
The judge did not agree with the complete report. It lowered the fines substantially and found that Sea World was concerned with employee safety.
Do Something
I’ve said it (written it) dozens of times that litigation rarely puts someone out of business. Sea World is claiming that this will not change its program substantially. However, a federal agency does have a greater opportunity to close you down. This can range from the health department saying your kitchen must be closed or some state agency finding your waterfront to be out of regulation.
Sea World is big enough, has the power ($) to fight the fines and the imposition, to some extent, of the imposed rules.
The bottom line is twofold.
1. Keeping employees safe must be as important as keeping your guests and participant’s safe.
2. The battle to remain open is going to be with the government and its agencies in the future.
I’ve said for the past ten years that my practice has evolved from one of litigation prevention to access. Fighting to hold onto the right or opportunity to take people into the woods. This fight is going to be greater in the future than any fight of the past.
See Ruling Puts Distance Between Killer Whales and Trainers
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