Parental Authority – Pre-injury Waivers – FAA Position Defeated

A parental Waiver bill passed the House Criminal and Civil Justice Council yesterday, and is heading to the House floor. Unfortunately, the Council adopted the Senate’s version SB 2440, which in principle, will be adopted by the Florida Legislature.

The bill does provide for legal parental waivers, and waiver of “inherent risks” of an activity. The bill does not clarify who the new law applies to (i.e.: non-profits or community-based activity providers, for example) and it cannot adequately define “inherent risk”, since the term is subjective and dependent on each activity. The bill does not restore the ability to waive simple negligence, as was the law prior to the Kirton ruling.

Finally, the Bill specifies required waiver language included in all parental waivers. The proposed language must be printed in 5 pt. font larger the the rest of the waiver and the tone is frightening.

The result of this bill will likely be increased litigation for our members, and all providers of youth activities, as the courts determine the application of this poor legislation – who it applies to, what risks are inherent, and/or degrees of negligence.

The insurance industry will likely react by reconsidering their liability insurance products with respect to this new state statute.

Following adoption of this new law, the FAA will provide the final required wavier language to our members.