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Minnesota decision upholds parent’s right to sign away a minor’s right to sue.
Case was a baseball camp where the minor was injured during horseplay. Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299 This is a pretty simple case. The defendants...
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Releases are legal documents and need to be written by an attorney that...
Wycoff v. Grace Community Church of the Assemblies of God, 2010 Colo. App. LEXIS 1832 The case is a little confusing to read because there was another case that was appealed by the same parties whom...
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Wrong release for the activity almost sinks YMCA
A release must apply to the activity and the person who you want to make sure cannot sue you. McGowan et al v. West End YMCA, 2002 Cal. App. Unpub. LEXIS 3018 Image via Wikipedia In this case, a...
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Statutes and prospective language to allow a parent to sign away a minor’s...
Now is the time to move a statute like this forward in your state. Three states allow a parent to sign away a child’s right to sue by statute: Alaska, Florida and Colorado. Five (maybe 6) states allow...
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Release stops suit for falling off horse at Colorado summer Camp.
Hamill v. Cheley Colorado Camps, Inc., 2011 Colo. App. LEXIS 495 I always enjoy it when people with money, sue to get more money….. In this case, the minor plaintiff fell off a horse and suffered a...
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Summer camp supervision issues are always part of any lawsuit and tough to...
Kosok v. Young Men’s Christian Association of Greater New York, 24 A.D.2d 113; 264 N.Y.S.2d 123; 1965 N.Y. App. Div. LEXIS 3042 As long as there was no notice of a problem and no rule of the camp or...
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Iowa does not allow a parent to sign away a minor’s right to sue.
Galloway v. State of Iowa, 790 N.W.2d 252; 2010 Iowa Sup. LEXIS 109 Iowa follows the majority of states finding that the state has an interest in protecting kids from allowing their parents to think....
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Alabama follows the majority of states and does not allow a parent to sign...
J.T., Jr., a minor v. Monster Mountain, Llc, 2010 U.S. Dist. LEXIS 130407; 78 Fed. R. Serv. 3d (Callaghan) 182 This is an interesting case based on who actually signed the release on behalf of and in...
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Maine follows the majority and does not allow a parent to sign away a minor’s...
Rice, Et Als, vs. American Skiing Company, Et Als, 2000 Me. Super. LEXIS 90 However the court held out the possibility that a properly written indemnification clause may be upheld. In Rice et all the...
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Arizona limited right for parent to waive child’s right to sue
Image via Wikipedia TITLE 12. COURTS AND CIVIL PROCEEDINGS CHAPTER 5. LIMITATIONS OF ACTIONS ARTICLE 3. PERSONAL ACTIONS Go to the Arizona Code Archive Directory A.R.S. § 12-553 (2011) § 12-553....
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Alaska statute on Parents right to sign away minors right to sue
TITLE 9. CODE OF CIVIL PROCEDURE Image via Wikipedia CHAPTER 65. ACTIONS, IMMUNITIES, DEFENSES, AND DUTIES Go to the Alaska Code Archive Directory Alaska Stat. § 09.65.292 (2012) Sec. 09.65.292....
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Florida statute that allows a parent to release a minor’s right to sue
TITLE 43. DOMESTIC RELATIONS (Chs. 741-753) CHAPTER 744. GUARDIANSHIP PART III. TYPES OF GUARDIANSHIP GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla. Stat. § 744.301 (2012) § 744.301. Natural...
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Walker vs. Virgin Islands Waste Management Authority, Government of the...
Walker vs. Virgin Islands Waste Management Authority, Government of the Virgin Islands, 2015 V.I. LEXIS 8; 62 V.I. 109 Brandon Walker, Plaintiff vs. Virgin Islands Waste Management Authority,...
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Virgin Islands court upholds release to stop claims by a minor against a...
The courts’ analysis concludes if a parent has the right to sue for a minor, because of injuries the minor receives, the parent has the right to sign a release for a minor and give up that right to...
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Blackwell, v. Sky High Sports Nashville Operations, LLC. 2017 Tenn. App. LEXIS 6
Blackwell, v. Sky High Sports Nashville Operations, LLC. 2017 Tenn. App. LEXIS 6 Crystal Blackwell, as Next Friend to Jacob Blackwell, a Minor v. Sky High Sports Nashville Operations, LLC. No....
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Tennessee still does not allow a parent to sign away a minor’s right to sue,...
The release was written poorly choosing California as the forum state for the lawsuit and applying California law. The accident occurred in Tennessee, and the defendant was based in Nevada so the court...
View ArticleTroxel v. Granville, 530 U.S. 57; 120 S. Ct. 2054; 147 L. Ed. 2d 49; 2000...
Troxel v. Granville, 530 U.S. 57; 120 S. Ct. 2054; 147 L. Ed. 2d 49; 2000 U.S. LEXIS 3767; 68 U.S.L.W. 4458 Jenifer Troxel, et vir v. Tommie Granville No. 99-138 Supreme Court of the United States 530...
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