Arbitration & Mediation

Will Florida Revive a Parent's Right to Sign Liability Waivers for Children?

By Christopher B. Hopkins, Esq.

An annoyed Florida legislature is slowly advancing two bills which would overturn a two-month old Florida Supreme Court decision which invalidated any liability waiver signed by parents for their children to participate in commercial recreational activities. That case was Scott Corey Kirton et al. v. Jordan Fields et al.; Dean Dyess v. Jordan Fields; and H. Spencer Kirton v. Fields.

Supported by theme parks, tourism organizations, and recreation businesses, the bills also received an unspoken boost by a legislature which appears to be displeased with the High Court's Fields decision which created sweeping new law without prior warning or precedent. Some have suggested that the Legislature, not the judiciary, should have made the new rule. Opponents to the bills include plaintiff lawyers and consumer rights groups.

House Bill 363 (and corresponding Senate Bill 886) has breezed through two out of three House of Representative committees, most recently the Civil Justice and Courts Policy Committee earlier this week. Votes at the committee meeting can be viewed here.

Insightful Staff Analysis can be found here and here.

Full post as published by Florida Arbitration Law on March 30, 2009 (boomark / email).