Florida's New Law on Child Safety Waivers

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After previous failed attempts to limit their liability from injuries that occur, commercial businesses aimed at providing entertainment for children have, in-part, succeeded. Fortunately, thanks to the efforts by the Florida Justice Association, the final legislation is far less onerous than the bill that was originally filed. This compromise legislation which was passed during the most recent session of the Florida Legislature authorizes natural guardians of minors to waive claims, in advance, for injuries or death.

Prior to this new bill, the Florida Supreme Court held that a pre-injury release executed by a parent on behalf of a minor child was unenforceable against a minor or the minor’s estate in a tort action arising from injuries from participation in a commercial activity. Specifically, this new bill allows natural guardians of minors to waive, in advance, claims for injuries or death arising from risks inherent in commercial activities.

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