The wild hog obstacle race has a note on their web site that they will NOT register racers under age 18 this year due to a recent supreme court decision that parents could not waive rights for children on a liability waiver. I guess children cannot waive rights for themselvess, because they are not adults, so this sounds like a nasty catch-22.
Any other racers/race directors heard of this? I am not a crusader , but if this is true and not just an overreaction by one race, I may take up the banner.
Haven’t heard about such a decision.
it would affect medical consent also, and there would be a furor if such a decision went into effect.
When working with teens in mental health settings, we relied on parental consent only, although we much preferred that a teen give consent also, because it usually increased chances of successful treatment.
florida
I’ve seen a post recently that this is a Florida issue concerning activity waivers for those under 18.
Bill
Gov. taking over control of our kids liv
This suggests that children cannot partake in any activity that requires a waiver. That means anything including climbing in a climbing gym, going on a boyscout camping trip, racing in any kayak race, etc…
If this is true, kids can’t do much anymore. I can’t imaging this being at all accurate. Is this an April fools joke?
Dave
calm down
This refers to a January decision of the Connecticut State Supreme Court, with regards to a case involving whether a ski area could be liable for negligence, even if a parental waiver was signed. Google it if you want the details. It sounds like what is happening is that some overzealous attorney in Florida may be advising his clients that they could end up in the same situation, if a case is brought in a Florida court, and if the Florida court decides to use the Connecticut ruling as precedent (this is how state law often evolves). No Federal court has ruled on any of these issues, and it is very unlikely that US Circuit Courts or the Supreme Court would agree to hear something like this.
Andrew
race
I’d be looking instead of the race organizers at the body that is doing their liablity insurance. Liability is a big deal in this country, you might not like that, but it’s true. Without insurance no one will volunteer to organize a race, too much to risk.
might be a bit different…
…you could argue that because the kids was nuts, his consent could be called into question.
(“Nuts,” of course, is used in a colloquial sense for brevity.)
Throughout my guiding career…
I’ve been advised by lawyers, in a relaxed on the water environment, that waivers hold no legal ground whatsoever.
I am speaking from Canada, mind you. I am always interested in looking for clarification on this issue, as Im sick of signing waivers or having to have them handed out and signed, especsially if in case of a worse case scenario where one of my clients ends up hurt, that the waiver would hold no ground. Period.
James.
ACA
Have your club join the ACA, then their insurance covers any club paddling event.
Course there’s a downside to almost everything, lawyers tend to look for deep pockets, if the club members have little to offer there’s not much point in a suit.