States that allow a parent to sign away a minor’s right to sue.
Posted: April 21, 2023 | Author: Recreation Law | Filed under: California, Colorado, Florida, Maryland, Minors, Youth, Children, Release (pre-injury contract not to sue) | Tags: Alaska, Arizona, California, Colorado, Florida, MARYLAND, Massachusetts, Minnesota, Minor, Nebraska, North Dakota, Parent can sign away Minor's Right to Sue, Release, Utah, Virginia, Waiver, Wisconsin |
If 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 |
C.R.S. §§13-22-107 |
|
| 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
(b) providing a document or release for the participant, or the participant’s legal guardian if the participant is a minor, to sign. |
|
By Case Law
|
|
| California |
Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990) |
|
| Florida |
Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454 |
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 |
| Maryland |
BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714; 80 A.3d 345; 2013 Md. LEXIS 897 |
Maryland top court allows a parent to sign away a minor’s right to sue. Release was not fantastic, but good enough. |
| 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 |
Minnesota decision upholds parent’s right to sign away a minor’s right to sue. |
| Nebraska |
Sinu v. Concordia Univ., 313 Neb. 218 (Neb. 2023) |
Nebraska Supreme Court upholds release for a minor who was injured as a student athlete at a private college. |
| North Dakota |
McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3 |
North Dakota decision allows a parent to sign away a minor’s right to sue |
| Ohio |
Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998) |
Ohio Appellate decision upholds the use of a release for a minor for a commercial activity |
| Wisconsin |
Osborn v. Cascade Mountain, Inc., 655 N.W.2d 546, 259 Wis. 2d 481, 2002 Wisc. App. LEXIS 1216, 2003 WI App 1 |
However the decision in Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 may void all releases in the state |
|
On the Edge, but not enough to really rely on
|
Decisions are by the Federal District Courts and only preliminary motions
|
| North Carolina |
Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741 |
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 |
| New York |
DiFrancesco v. Win-Sum Ski Corp., Holiday Valley, Inc., 2017 U.S. Dist. LEXIS 39695 |
New York Federal Magistrate in a Motion in Limine, hearing holds the New York Skier Safety Statute allows a parent to sign away a minor’s right to sue. |
What do you think? Leave a comment.
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