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.
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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
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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 |
|
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 |
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 |
|
|
On the Edge, but not enough to really rely on |
|
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
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North Carolina Skier Safety Act
Posted: August 28, 2013 Filed under: North Carolina | Tags: Alpine skiing, NC, Nordic, North Carolina, Platter lift, Ski, Ski Resort, Skier Safety Act, Terrain park, Winter sport Leave a commentNorth Carolina Skier Safety Act
General Statutes of North Carolina
CHAPTER 99C. ACTIONS RELATING TO WINTER SPORTS SAFETY AND ACCIDENTS
Go to the North Carolina Code Archive Directory
N.C. Gen. Stat. § 99C-1 (2013)
§ 99C-1. Definitions
When used in this Chapter, unless the context otherwise requires:
(1) Competitor. — A skier actually engaged in competition or in practice therefor with the permission of the ski area operator on any slope or trail or portion thereof designated by the ski area operator for the purpose of competition.
(1a) Freestyle terrain. — Constructed and natural features in ski areas intended for winter sports including, but not limited to, terrain parks and terrain park features such as jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle-bump terrain.
(2) Passenger. — Any person who is being transported or is awaiting transportation, or being conveyed on a passenger tramway or is moving from the disembarkation point of a passenger tramway or is in the act of embarking upon or disembarking from a passenger tramway.
(3) Passenger tramway. — Any device used to transport passengers uphill on skis or other winter sports devices, or in cars on tracks, or suspended in the air, by the use of steel cables, chains, belts or ropes. Such definition shall include such devices as a chair lift, J Bar, or platter pull, rope tow, and wire tow.
(4) Ski area. — All winter sports slopes, alpine and Nordic ski trails, freestyle terrain and passenger tramways, that are administered or operated as a ski area enterprise within this State.
(5) Ski area operator. — A person, corporation, or organization that is responsible for the safe operation and maintenance of the ski area.
(6) Skier. — Any person who is wearing skis or other winter sports devices or any person who for the purpose of skiing or other winter sports is on a designated and clearly marked winter sports slope, alpine or Nordic ski trail or freestyle terrain that is located at a ski area, or any person who is a passenger or spectator at a ski area.
(7) Winter sports. — Any use of skis, snowboards, snowshoes, or any other device for skiing, sliding, jumping, or traveling on snow or ice.
§ 99C-2. Duties of ski area operators and skiers
(a) A ski area operator shall be responsible for the maintenance and safe operation of any passenger tramway in his ski area and insure that such is in conformity with the rules and regulations prescribed and adopted by the North Carolina Department of Labor pursuant to G.S. 95-120(1) as such appear in the North Carolina Administrative Procedures Act. The North Carolina Department of Labor shall conduct certifications and inspections of passenger tramways.
A ski area operator’s responsibility regarding passenger tramways shall include, but is not limited to, insuring operating personnel are adequately trained and are adequate in number; meeting all standards set forth for terminals, stations, line structures, and line equipment; meeting all rules and regulations regarding the safe operation and maintenance of all passenger lifts and tramways, including all necessary inspections and record keeping.
(b) A skier shall have the following responsibilities:
(1) To know the range of the skier’s abilities to negotiate any ski slope or trail and to ski within the limits of such ability;
(2) To maintain control of the skier’s speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and obvious hazards and inherent risks, including variations in terrain, snow, or ice conditions, bare spots and rocks, trees and other forms of forest growth or forest debris;
(3) To stay clear of snow grooming equipment, all vehicles, pole lines, lift towers, signs, snowmaking equipment, and any other equipment on the ski slopes and trails;
(4) To heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others;
(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards;
(6) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, to avoid moving skiers already on the ski slope or trail;
(7) To not move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug or while such person is under the influence of alcohol or any narcotic or any drug;
(8) If involved in a collision with another skier or person, to not leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator, a member of the ski patrol, or the other skier or person with whom the skier collided, except in those cases when medical treatment is required; in which case, said information shall be provided as soon as practical after the medical treatment has been obtained. If the other person involved in the collision is unknown, the skier shall leave the personal identification required by this subsection with the ski area operator;
(9) Not to embark upon or disembark from a passenger tramway except at an area that is designated for such purpose;
(10) Not to throw or expel any object from a passenger tramway;
(11) Not to perform any action that interferes with the operation or running of a passenger tramway;
(12) Not to use such tramway unless the skier has the ability to use it with reasonable safety;
(13) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties;
(14) Not to embark upon a passenger tramway without the authority of the ski area operator;
(15) If using freestyle terrain, to know the range of the skier’s abilities to negotiate the terrain and to avoid conditions and obstacles beyond the limits of such ability that a visible inspection should have revealed.
(c) A ski area operator shall have the following responsibilities:
(1) To mark all trails and maintenance vehicles and to furnish such vehicles with flashing or rotating lights that shall be in operation whenever the vehicles are working or moving in the ski area;
(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment that is used in snowmaking operations and located anywhere in the ski area;
(3) To indicate the relative degree of difficulty of a slope or trail by appropriate signs. Such signs are to be prominently displayed at the base of a slope where skiers embark on a passenger tramway serving the slope or trail, or at the top of a slope or trail. The signs must be of the type that have been approved by the National Ski Areas Association and are in current use by the industry;
(4) To post at or near the top of or entrance to, any designated slope or trail, signs giving reasonable notice of unusual conditions on the slope or trail;
(5) To provide adequate ski patrols;
(6) To mark clearly any hidden rock, hidden stump, or any other hidden hazard known by the ski area operator to exist;
(6a) To inspect the winter sports slopes, alpine and Nordic ski trails, and freestyle terrains that are open to the public at least twice daily and maintain a log recording: (i) the time of the inspection and the name of the inspector(s); and (ii) the general surface conditions, based on industry standards, for the entire ski area at the time of the inspections;
(6b) To post, in a conspicuous manner, the general surface conditions for the entire ski area twice daily; and
(7) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties.
§ 99C-3. Violation constitutes negligence
A violation of any responsibility placed on the skier, passenger or ski area operator as set forth in G.S. 99C-2, to the extent such violation proximately causes injury to any person or damage to any property, shall constitute negligence on the part of the person violating the provisions of that section.
§ 99C-4. Competition
The ski area operator shall, prior to the beginning of a competition, allow each competitor a reasonable visual inspection of the course or area where the competition is to be held. The competitor shall be held to assume risk of all course conditions including, but not limited to, weather and snow conditions, course construction or layout, and obstacles which a visual inspection should have revealed. No liability shall attach to a ski area operator for injury or death of any competitor proximately caused by such assumed risk.
PEAK: Preparing Educators for Adventures with Kids Conference
Posted: January 19, 2012 Filed under: Uncategorized | Tags: Camps, Cedar Mountain, Educators, NC, North Carolina, Outdoor Education, Peak, Program director, YMCA Leave a commentI wanted to make you aware of the Outdoor Education Conference PEAK: Preparing Educators for Adventures with Kids, February 16-18 in Cedar Mountain, NC. Check out http://www.campgreenville.org/peak.php for a list of presentations and to register. Also included in the conference is a Level 1 and Level 2 Challenge Course certification course and Project WET.
Looking forward to having you with us!
Susan W. Huter
Senior Program Director
YMCA Camp Greenville
PO Box 390Cedar Mountain, NC28718
(P) 864 836 3291 ext 106 (F) 864 836 3140
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
Posted: November 23, 2011 Filed under: North Carolina, Youth Camps | Tags: Adventure travel, Camp Lejeune, JimMoss, Marines, Minor, NC, North Carolina, North Carolina Supreme Court, Ropes course Leave a commentKelly v. United States of America, 2011 U.S. Dist. LEXIS 89741
However, the decision was not made by the North Carolina Supreme Court and not a ruling by the court and the actual legal issue.
In this case the plaintiff, a fifteen year old minor went on an orientation visit to Camp Lejeune as part of her Navy Junior Reserve Officer Training Corps program at her high school. While participating in the confidence course (or what used to be called the obstacle course) she was injured. Her injuries were not identified in the lawsuit; however, she was suing for $10,000,000.00.
The minor could not attend the camp unless she and her mother signed the release.
The reason for the decision was based on the plaintiff’s motion to strike the defendants’ answers. This is a preliminary motion that attempts to knock out the specific defenses of the defendant. One of the defenses the plaintiff attempted to eliminate was the defense of release.
This order and decision from the court are not a final decision on the merits of the case. This is only a preliminary motion; however, it is interesting in how the court ruled on the issue of the mother signing the release.
So?
The court reviewed release law in general and found that in North Carolina, releases are generally enforceable. Releases are strictly construed against the party attempting to enforce them (the defendants). To be valid in North Carolina a release cannot be enforced if it:
(1) is violative of a statute;
(2) is gained through inequality of bargaining power; or
(3) is contrary to a substantial public interest.
The release in this case did not violate any of the above three prohibitions.
The court then looked at whether the release signed by the minor plaintiff was valid. Under North Carolina law, like all other states, a release signed by a minor is voidable by the minor unless it meets rare exceptions. The exception to the contract prohibition is contracts for necessities or when a statute allows a minor to sign a contract. Here, neither of these issues was the reason the release was signed. So the release signed by the minor has no value and is void.
The court then looked at the release signed by the mother. The court found that a minority of states that had looked at the issue, had found releases for minors signed by parents so the minor could engage in “non-profit activities sponsored by schools, volunteers, or community organizations.”
The analysis then looked at whether the North Carolina Supreme Court would hold the same way. The activity the minor engaged in was extracurricular and voluntary and done for the benefit of the child. As such the court held the North Carolina Supreme Court would hold the release valid.
So Now What?
Before a rule, law can be cast in wet concrete (nothing is ever cast in stone) it must be decided by the highest court in the state. Here, the federal court looking at the issue made the decision. The North Carolina Supreme Court at some later time could decide that this is not the way it wants to rule.
Furthermore, the ruling is not that the release signed by the mother is valid. The ruling is the defense of release being argued by the defendant is not thrown out by the court. The legal issue of whether or not the release is a valid release under North Carolina law is still at issue.
The decision is important and will probably be followed later in the case, but there is no guaranty. However, it is a positive step to stop lawsuits.
What do you think? Leave a comment.
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