March 28, 2024

Florida Law

High Court: Parents Can't Sign Away Kids' Rights

The Florida Supreme Court says parents can't sign waivers giving up their children's rights to sue.

Art Levy | 4/1/2009


Christopher’s mother contested the waiver form signed by the boy’s father.
Christopher Jones was determined to conquer the double-jump obstacle at the Thunder Cross Motorsports Park in Okeechobee. The ATV driver crashed during an attempt insurance news six years ago and ended up in the emergency room. He tried again a month later and was ejected from the vehicle. The ATV fell on the 14-year-old, and he died soon after.

Christopher’s father had signed the release form — waiving the right to sue in case of an injury — that Christopher needed to drive at Thunder Cross that day. The boy’s mother, divorced from Christopher’s father and unaware that her son was driving ATVs, filed a lawsuit challenging the validity of the waiver and accusing the track’s owners of negligence. The initial case was dismissed based on the signed waiver, but the 4th District Court of Appeals reversed that decision, and the case went to the Florida Supreme Court. In December, in a decision that focused solely on for-profit enterprises involving minors, the court ruled 4-1 that parents do not have the right to waive liability rights on behalf of their children. "It cannot be presumed that a parent who has decided to voluntarily risk a minor child’s physical well-being is acting in the child’s best interest," the court wrote.

Adam E. Babington, the Florida Chamber of Commerce’s legislative counsel, says the ruling has raised questions about which waivers are worthless and which might still be valid. And, he says, the court’s distinction between commercial and non-commercial entities has created confusion. "Each business and each organization is trying to understand how this applies to them," Babington says.

Richard L. Barrett, an Orlando attorney who helped represent Thunder Cross, says the court’s decision will likely "cripple" the state’s motocross industry. Many of the sport’s participants are young, including many who compete professionally. Nearly all began riding motorcycles and ATVs when they were minors. "I represent most of the motocross tracks in the state of Florida, and many of them are beginning to basically stop allowing practice and racing for children under the age of 18 — children for whom releases cannot be signed," Barrett says. "It’s also going to have a crippling affect on the scuba diving industry."


Christopher Jones was practicing a double jump at the Thunder Cross Motorsports Park in Okeechobee (above) when his ATV (below) landed on him. The 14-year-old died as a result of the accident. [Photo: Rubin & Rubin]
The ruling allows Bette Jones, Christopher’s mother, to go forward with her suit against the track’s management, says Laurence Huttman, one of her attorneys. Jones is seeking undisclosed punitive damages, but she says her decision to proceed has more to do with raising "awareness about the dangers of kids racing ATVs for sport" than it does with money.

Huttman says the Supreme Court’s decision will force for-profit providers of risky activities to make sure that their activities are as safe as possible. He says there was little financial incentive for that before because waivers protected the businesses. "We’re not talking about Little League baseball or other community-oriented activities," Huttman says. "The narrow issue in the Supreme Court decision has to do with for-profit activities. I don’t want to stop my kid from partaking in all of life’s adventures, but if we’re going to go to a for-profit activity, where we’re paying an admission price, we want some degree of safety involved."

Babington doesn’t think the courts will have the final say. "As a matter of public policy, this is something that should be left to the Legislature," he says. Indeed, identical "parent authority" bills have already been submitted to the state House and Senate. The legislation would allow parents or guardians to sign waivers on behalf of their children once again.


Tags: Politics & Law, Dining & Travel, Government/Politics & Law

Florida Business News

Florida News Releases

Florida Trend Video Pick

Bitter-to-swallow cocoa costs force chocolate shops to raise prices
Bitter-to-swallow cocoa costs force chocolate shops to raise prices

Central Floirda chocolate shops are left with a bitter taste as cocoa prices hit an all-time high earlier this week.

Video Picks | Viewpoints@FloridaTrend

Ballot Box

Should Congress ban the popular social media app TikTok in the U.S.?

  • Yes
  • No
  • Need more details
  • What is TikTok?
  • Other (Comment below)

See Results

Florida Trend Media Company
490 1st Ave S
St Petersburg, FL 33701
727.821.5800

© Copyright 2024 Trend Magazines Inc. All rights reserved.