Florida Supreme Court forbids parents from signing waivers on behalf of children

Posted | Contributed by Jeff

Gatorland's "Trainer for a Day" is the ultimate natural thrill ride: a two-hour chance for guests to work alongside reptile trainers as they handle the theme park's signature tenants. It used to be open to children as young as 12. But in February, Gatorland made it an adults-only experience. The move was among the earliest responses to a recent Florida Supreme Court decision that parents do not have authority to sign away children's right to sue before they take part in potentially dangerous commercial activities.

Read more from The Orlando Sentinel.

rollergator said:
^Weird....At Wild Adventures (granted a few years back), they actually asked for IDs before signing the form which held the standard liability language...I thought it was funny since the only real way to get injured would seem to be the result of operator gross negligence, which cannot be disclaimed AFAIK.

That is weird. Must have been park policy because it sure isn't Skycoaster policy. I can't even think of a way an operator's negligence would contribute to injury. About the only ways for that to happen would be running the ride in insanely high winds, or not hooking someone to the flight cables. That mistake would be evident the moment you drop the platform, as you would have somebody hanging sideways. The only legit concern for injury would be if a flyer tries to squirm out of their suit during the winch up or mid flight.

As for the state of Florida court ruling, I think it is going to have a very negative impact on a lot of activities within the state, especially school-related things that require a parent's signature. I would imagine the stat legislature will probably pass a law restoring a parent's right to sign on their kid's behalf.


And then one day you find ten years have got behind you
No one told you when to run, you missed the starting gun

Chris, as I found by reading the article, the court worded their decision so as to exclude non-profits/schools from liability. i.e. if you play school sports, the school is still covered by the traditional waiver. It is only for profit locations that would still be liable.

I am curious to know how this works for out of school sports though. Here in Michigan, youth hockey is HUGE and in most cases below high school is not associated with any school. How would that play out if rinks and leagues could be held liable should a child get hurt playing the sport. If a kid slips and falls into the boards and breaks an arm (or worse) should the rink be held liable? Don't you assume some risks with any activity?


John

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