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Dade and Broward County Injury News

Sports Liability Waivers Challenged in the Florida Supreme Court


Posted on Jun 25, 2008

Parents have gotten accustomed to signing Florida liability release forms before their children can even take their first swing at a Little League baseball game or ride in a race car.  Liability release forms are designed to protect the program organizers in case the child is injured, but currently the validity of these forms are being challenged in the Florida Supreme Court.

According to Safe Kids Worldwide, an international nonprofit organization dedicated to preventing unintentional injuries among children, more than 3.5 million children are hurt playing sports each year.  Many different facilities that cater to minors require that liability waivers be signed before a child engages in the provided activities.

There are different opinions regarding these liability waivers.  Some people believe that these liability forms are needed to protect facilities, while other people believe it shows that games are not safe without the threat of litigation.

These waivers have become the central focus of a Florida accident case from 2003.  A Florida teenager, who was only fourteen years old, was killed in an all-terrain vehicle crash at Thunder Cross Motor Sports Park in Okeechobee, Florida.  The son’s father signed a release before the boy got on the race track.  The mother, who was divorced from the father, was unaware that her son was racing.  The mother’s attorneys argue that it was unconstitutional for someone else to sign the boy’s rights away.

There is some fear that costs for activities would increase dramatically if insurance waivers are no longer required.  However, some attorneys feel that higher costs and new restrictions may not be bad for the public.  The waivers already provide little protection if a facility is proven to be truly negligent in an injury.

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