Parental Pre-Injury Releases: A Victory for the Children of Florida!

Two years ago, when I was practicing law in Florida, the Florida Supreme Court decided the case of Kirton v. Fields.  As a consumer justice attorney, I was proud to be able to stand behind such a law and give it my support.  In Kirton, the Court held that public policy concerns negated the enforcement of pre-injury releases executed by parents on behalf of their minor children regarding participation in commercial activities.  Last week, the Florida House unanimously passed a Bill that supports the Florida High Court’s decision and limits the type of activities that may be included in such a release.  Senate Bill 2440 is the Bill that will help protect Florida’s children in this regard.

The Bill language relates to releasing parties of liability as it relates to “inherent risks” ONLY.  This risk is defined as:

[T]he dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activity; the failure of the activity provider to warn of the inherent risks; and the risk that the minor child or another participant may act negligently or intentionally and contribute to the injury of the minor child.

Yesterday, the governor of Florida, Governor Crist, signed this pro-consumer piece of legislation into law.  KUDOS to the Florida Justice Association for their hard work and effort in helping to make sure this Bill got to the governor’s desk.