Arbitration & Mediation

Orlando Theme Parks Push for Parental-Child Liability Waivers

By Christopher B. Hopkins, Esq.

Political season is upon us and we pick up the thread of the enforceability of parental liability waivers signed on behalf of their children who participate in commercial activities. Florida's legislative session begins this week.

Fourteen months ago, in January 2009, the Florida Supreme Court rocked the state's entertainment industries by ruling that parents do not have the authority to sign liability waivers / release-of-negligence forms on behalf of their children who want to participate in commercial (entertainment or sporting) activities. This includes everything from motorcross, theme parks, fishing trips, almost any racing, and even safaris. The landmark case was Kurton v. Fields.

Since that time, there has been little to no appellate law in the area and the courts seemingly have fallen silent. Still unclear is what happens with non-commercial activity liability waivers and a clear indication as to what is or is not "commercial." Riding that line would be activities such as summer camps.

Still untested is our legal theory of how (your?) business can draft contracts which parents can sign waivers which serve the same, or similar, purpose.

Some business-oriented state legislators tried to wrest the issue away from the courts by presenting bills to the Florida legislature which empowered parents and guardians with that legal authority. At the end of 2009, however, those efforts failed.

But the issue is not forgotten. According to the Orlando Sentinel, "Theme Park Industry Again Seeks Parental Waivers." According to the article, some smaller tourism outfits have stopped serving minors (such as dive shops) while the larger theme parks have not changed policies.

Following that article, reporter Jason Garcia penned another piece, "Race Track Operator at Disney Says It May Raise Age Limits if Legal Waivers Aren't Reinstated." Previously, the Richard Petty Driving Experience lowered its age limit from 16 to 14 which opponents charged was an example that the Fields case was not a significant change.

I'm expecting we will see proposed bills by the end of March 2010.

Full post as published by Florida Arbitration Law on February 24, 2010 (boomark / email).