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Parental Waivers - Should They Be Enforcable?

By Eddie Farah

Take a visit to Disney World and parents may be asked to sign pre-injury waivers so their children can participate in boat rentals, horseback riding or any other potentially dangerous activity. SeaWorld uses them too in its Discovery Cove before you swim with the dolphins.

Parental waivers have been standard fare for awhile and are favored heavily by Florida's tourism industry – a big industry in Florida.

But a recent state Supreme Court ruling determined that parents do not have the right to release businesses from accountability when their children participate in sports, deciding the waivers are basically invalid.

The Florida legislature, with the help of Big Tourism, is trying to remedy that.

Supported by Disney World and SeaWorld Orlando, a controversial bill is making its way through the legislature. It ensures parents can sign pre-injury waivers on behalf of their children so they can participate in sports and they are enforcable.

The move is opposed by trial lawyers for one. The reason is a good one. What if a business is negligent? Don't you want to be able to make them accountable? Frequently a lawsuit is the only way to do that.

Let's say a rock wall company has a harness that slips. Or a boat rental company has a vessel that is sure to sink. Do you really want to sign away all of your rights to the American judicial system?

Business owners say plaintiffs can claim any negligence in any injury and that will cost them money to defend themselves. Already Gatorland has had to raise the age limit on its 'Trainer for a Day' program from 12 to 18.

Call me crazy, but maybe raising the age of a gator wrestling sport isn't such a bad idea.

The president of Gatorland agreed during a meeting that if there is gross negligence such as not adequately taping the mouth of a gator shut, that the business should be held accountable.

At last word, the Senate Judiciary Committee has postponed a vote on the measure while they wrestle with the finer points of the cost of responsibility and accountability and whether that may be worth the lives of young people. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on March 27, 2009 (boomark / email).