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Pre-Injury Waivers Involving Minors Are Not Always Binding

Before a child takes part in a field trip or goes to a birthday party or sporting event, parents are often asked to sign a waiver, relieving a party from liability despite wrongdoing or negligence.

Parents may have a hard time signing these waivers, but do not want their kids to miss out or not participate. However, these waivers are often not enforceable under Florida law when it comes to minors, Leora B. Freire explains in the Daily Business Review.

According to Florida courts, it is established that it is the state's duty to protect kids. Therefore, parents do not have the right to waive kid's rights, making the waivers unenforceable. The courts believe that while adults have the right to protect themselves, children do not have the foresight or understanding of the situation. Also, the waivers protect the business organizing the activity, not the child.

So when it comes to an injury involving a child at a for-profit company or other organization, you can seek compensation whether or not you signed any waiver or form.

The law is not so clear when it comes for non-profits or public organization, but based on cases around the country, waivers will be enforced when it comes to non-profits.

So if you have signed a waiver, and your child was seriously injured, do not think that you can pursue any legal action. As always, it is always best to talk to an attorney.

For more information, please contact us.

Source: Daily Business Review, "Injured kids can seek compensation regardless of waivers," Leora B. Freire, Jan. 16, 2013.

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