States that allow a parent to sign away a minor’s right to sue.
Posted: March 25, 2024 Filed under: Alaska, Arizona, California, Colorado, Florida, Indiana, Maryland, Massachusetts, Minnesota, Nebraska, New York, North Carolina, North Dakota, Ohio, Release (pre-injury contract not to sue), Utah, Virginia, Wisconsin | Tags: Exculpatory Agreement, guardian, Minor, parent, Parents right to waive minor's right to sue, releases, waivers Leave a commentUnless listed here, your state does not allow a parent or guardian to sign away a minor’s right to sue.
Check with your local attorney before relying on any information on this website.
 Jim Moss |
Jim Moss is an attorney specializing in the legal issues of the outdoor recreation community. He represents guides, guide services, and outfitters both as businesses and individuals and the products they use for their business. He has defended Mt. Everest guide services, summer camps, climbing rope manufacturers, avalanche beacon manufacturers, and many more manufacturers and outdoor industries. Contact Jim at Jim@Rec-Law.us |
Outdoor Recreation Insurance, Risk Management, and Law
Jim is the author or co-author of six books about legal issues in the outdoor recreation world; the latest is Outdoor Recreation Insurance, Risk Management, and Law.
To see Jim’s complete bio go here and to see his CV you can find it here. To find out the purpose of this website go here.
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If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.
Author: Outdoor Recreation Insurance, Risk Management, and Law To Purchase Go Here:
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Act Now & Stop this Minnesota bill
Posted: February 13, 2019 Filed under: Minnesota, Release (pre-injury contract not to sue) | Tags: #AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #BicyclingLaw, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #OutsideLawyer, #Rec-Law, #RecLaw, #RecLawBlog, #RecLawyer, #Recreation-Lawcom, #RecreationalLawyer, #RecreationLawBlog, #RecreationLawcom, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #SkiLaw, #SummerCamp, #Tourism, #YouthCamps, #ZipLineLawyer, Backpacking, Camps, Hiking, JimMoss, Law, legislation, Minnesota, MN, Mountaineering, Negligence, OutdoorLaw, OutdoorRecreationLaw, OutsideLaw, Rec-LawBlog, Recreation-Law.com, RecreationLaw, releases, skiing, snowboarding, TravelLaw, waivers Leave a commentMinnesota Legislation is considering a bill that would eliminate releases (waivers) in Minnesota for recreational activities.
What the legislature does not understand is this bill will eliminate recreational activities in Minnesota.
Again, the Minnesota Senate and the House have introduced bills to ban releases in MN for recreational activities. Here is a copy of the Senate bill.
A bill for an act relating to civil actions; voiding a waiver of liability for ordinary negligence involving a consumer service; amending Minnesota Statutes 2018, section 604.055, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 604.055, subdivision 1, is amended to read:
Subdivision 1.
Certain agreements are void and unenforceable.
An agreement between parties for a consumer service, including a recreational activity, that purports to release, limit, or waive the liability of one party for damage, injuries, or death resulting from conduct that constitutes new text begin ordinary negligence or new text end greater than ordinary negligence is against public policy and void and unenforceable.
The agreement, or portion thereof, is severable from a release, limitation, or waiver of liability for damage, injuries, or death resulting from deleted text begin conduct that constitutes ordinary negligence or for deleted text end risks that are inherent in a particular activity.
EFFECTIVE DATE.
This section is effective August 1, 2019, and applies to agreements first signed or accepted on or after that date.
Without the defenses supplied by releases in Minnesota:
- Insurance costs will skyrocket. After OR outlawed releases some premiums jumped 2.5 times.
- Insurance for many activities will be impossible to find.
- Either because of the costs or the lack of premium recreation business will close.
- The first group of recreation businesses to go will be those serving kids. They get hurt easy, and their parents sue easy.
- Minnesota courts will back log because the only defense available will be assumption of the risk. Assumption of the risk is determined in the vast majority of cases by the jury. Consequently, it will take years to get to trial and prove the injured plaintiff assumed the risk.
Do Something
Contact your Senator and Representative and tell them you are opposed to this bill. Do it by telephone and in writing.
Find other organizations, trade associations and the like and join with them to give them more power because they have more people they represent.
Explain the bill to your friends and neighbors, so they can voice their opinion. Encourage them to do so.
Become politically aware so you know what is going on with the legislature and how to fight bills like this.
What do you think? Leave a comment.
Copyright 2018 Recreation Law (720) 334 8529
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I find interesting releases on the web.
Posted: September 14, 2010 Filed under: Release (pre-injury contract not to sue) | Tags: releases, religion, waivers Leave a commentMost of them I find are mine and are stolen violating my copyright. However some of them are interesting, quite interesting!
I found a release for a religious summer camp. The release had the following lines it.
“I am aware of the risks…” Sure, but is your child?
“In the event of injury or a medical emergency, I understand that the church’s group leader, not Student Life and camp location, will be responsible for the medical care of all attendees.” This one I just do not understand, I think I might but I’m not guessing that much in writing.
However it is this line that caught my attention.
“To the extent the restriction on filing lawsuits is deemed unlawful, I agree to submit any Claims to a Christian conciliation/mediation organization for binding resolution.”
The US Constitution has been interpreted to place a barrier between church and state. There is a good reason for that. There should be a similar rule for law and the church.
To see the form click Waiver & Release.
What do you think? Leave a comment.
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Releases/Waivers: The basics, the very basics!
Posted: September 26, 2008 Filed under: Release (pre-injury contract not to sue) | Tags: Law, Legal release, Release, Releases / Waivers, Waiver, waivers Leave a comment1. A release cannot be written by anyone other than an attorney. Sure you can try and write one but you are just wasting paper, or killing trees. Releases must meet the specific legal needs and requirements of your state, your activity and numerous other issues. See Releases 101.
2. Some states require the use of “magic words” to make the release enforceable. Without those words you are back to killing trees. See What is a Release?.
3. You release must make sure that the correct law that will be applied to the case and the correct location where the lawsuit will occur are identified so the release is valid. See States that do not Support the Use of a Release.
4. After that the issues that require a release to be correct still go on. The legal terminology for who is going to be protected by the release. The correct terminology for who is going to be prevented from suing in the release is critical.
5. At the same time, your release cannot be written in legalese in many jurisdictions.
6. Your release must be checked every year to make sure it is up to date. Each year a judge someplace decides to tweak or in some cases totally change how state law applies to releases. If you are in the state where that occurs you MUST know and make changes. See States that do not Support the Use of a Release.
7. Are you clients under the age of 18? That is sets up more requirements for writing a release. See States that allow a parent to sign away a minor’s right to sue.
These are but seven of hundreds of issues that must be covered for a waiver to be upheld in a court of law. There is no easy checklist of items to cover. Each state is different, each activity is different. As an example there are 50 states, and several territories, with equine liability acts. No one release will work in many of the other states. Add into that mix skiing statutes, whitewater rafting statutes and you are all ready at hundreds of different requirements that must be met for different statutes. See What is a Release?.
You can’t write your own release unless you just want to waste paper.
For more articles on releases see:
Well written decision from Wyoming defines release law and how releases should be written.
Plaintiff signed two releases and wanted them both thrown
Recreation Law 