Amusement Park Injury Liability Avoided Through Waiver

When I sign a waiver of liability for my minor son or daughter to participate in amusement activities such as off-road racing, amusement rides, or other dangerous activities, does that mean I can't sue the operator or business if my son or daughter is injured?  The short answer is no, although Florida House Bill 285 could limit the liability of operators and businesses to gross negligence and intentional misconduct.    Under current law, Florida courts allow for exculpatory clauses when a minor engages in dangerous activities.  An exculpatory clause releases the activity operator or business owner from liability for when a parent or guardian signs a waiver or release.  Further, a waiver of liability is essentially a contract, so the parties must share equal bargaining power, and the provisions must be clear and unambiguous.  For instance, Florida courts have held that a general release of liability does not protect an operator or owner from his or her own negligence, unless it is clearly stated in the waiver.  Florida House Bill 286 (and the accompanying Senate Bill 1678) would change the law in Florida to make exculpatory clauses more favorable for activity operators and businesses.  Under the bill, it would amend Section 549.09, Florida Statutes, which would validate waivers of liability so long as the activity operator or owner did not knowingly participate in the activities that lead to personal injury or death of a minor.  Further, the statute would be amended to exclude an activity operator or owner's gross negligence or intentional misconduct from a valid waiver.  In short, if the bill passes, activity operators or owners will only be liable if their behavior rises to the level of intention or reckless harm, and not for ordinary negligence.  If passed, the bill will restrict the rights of injured minors who suffer personal injury or death because of the negligence of persons in charge of dangerous activities. If you have a situation requiring legal representation for injuries due to the negligence of others, contact Corless Zinober FL personal injury lawyers at 866-969-2889.