Re: Oh great - here come the lawsuits!
- From: scrape <scrapeNOTHANKS@xxxxxxxxxxxxx>
- Date: Tue, 16 Dec 2008 06:12:50 -0500
On Tue, 16 Dec 2008 02:46:27 -0800 (PST), editor@xxxxxxxxxxxxxx
wrote:
Parents cannot waive liability for kids injured in Florida accidents
The Florida Supreme Court ruled Thursday that parents cannot waive
liability on behalf of their children by signing releases before the
kids participate in motor sports and other hazardous activities.
The 4-1 ruling in the Florida accidental wrongful death of a 14-year-
old boy while riding an all-terrain vehicle could have broad
implications for businesses that offer such activities as go-cart and
motocross racing, bungee jumping, horseback riding, parasailing and
scuba diving.
"Florida's children and parents need not worry, after today's
decision, that careless commercial operators may be immunized from
their carelessness by the presence of an exculpatory clause in a
ticket for admission," Justice Harry Lee Anstead wrote in a concurring
opinion.
The decision cleared the way for a wrongful death lawsuit against the
owners and manager of Thunder Cross Motor Sports Park in Okeechobee
County, where Christopher Jones died after attempting a jump. He lost
control and was ejected from the vehicle. It then landed on top of
him. He got up and began walking way, but then collapsed and died.
A trial judge cited a waiver signed by Christopher's father in
dismissing the lawsuit. An appellate court disagreed and reinstated
the suit. The high court approved that decision.
Anyone who operates a business negligently should be held liable. If
these operators are going to invite kids and their parents they need
to be responsible if they are careless. If your child has been injured
due to the negligence of someone else please call the Law Offices of
Henry XXX at (904) XXX for your free consultation.
Welcome to obamaland where the trial lawyer will be king.
.
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