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-   -   Forget about your kid racing in Florida (http://www.twowheelfix.com/showthread.php?t=4832)

Papa_Complex 12-30-2008 09:21 AM
Forget about your kid racing in Florida
 
Just caught this on another forum. Looks like the ranks of the USGPRU might be a bit thinned next season. What a bunch of idiots Florida has sitting in their Supreme Court.

http://www.roadracingworld.com/news/...?article=35263


“We hold that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor’s estate in a tort action arising from injuries resulting from participation in a commercial activity,” the majority opinion states. “It cannot be presumed that a parent who has decided to voluntarily risk a minor child’s physical well-being is acting in the child’s best interest.

Corey 12-30-2008 09:30 AM
Quote:
Originally Posted by Papa_Complex (Post 135742)
What a bunch of idiots Florida has.
Fixed that for ya.

Edited to add: I don't see how that ruling couldn't also apply to any contact sport. Is it just a matter of time before some dicklicking parent decides to use this decision to also go after football programs?

Papa_Complex 12-30-2008 09:51 AM
Quote:
Originally Posted by Corey (Post 135747)
Fixed that for ya.

Edited to add: I don't see how that ruling couldn't also apply to any contact sport. Is it just a matter of time before some dicklicking parent decides to use this decision to also go after football programs?
If it's a for-profit organization, then it would appear that the ruling already applies. High school football programmes might well be exempt, but this is going to make a lot of people rethink their participation.

Corey 12-30-2008 09:55 AM
Quote:
Originally Posted by Papa_Complex (Post 135768)
If it's a for-profit organization, then it would appear that the ruling already applies. High school football programmes might well be exempt, but this is going to make a lot of people rethink their participation.
Sure, high school programs, but what about pee-wee football and all the other shit, like summer camps, youth leagues, and other stuff along those lines that happen outside of school? Those are for profit and require a legal waiver as well.

Papa_Complex 12-30-2008 09:57 AM
Quote:
Originally Posted by Corey (Post 135770)
Sure, high school programs, but what about pee-wee football and all the other shit, like summer camps, youth leagues, and other stuff along those lines that happen outside of school? Those are for profit and require a legal waiver as well.
That's my point. They're essentially already toast.

Corey 12-30-2008 10:01 AM
Quote:
Originally Posted by Papa_Complex (Post 135774)
That's my point. They're essentially already toast.
I Fucking hate this state. I wish it would break off and sink into the ocean and take everyone with it. There's so many shots taken at shitville and Arkansas for being backwater embarrassments, but Florida has them all beat.

azoomm 12-30-2008 10:05 AM
Interesting development.

Our standard child waiver is two sided - one side is in [more] plain english and is to be signed by the minor. The other side is more complex and is to be signed by a Parent OR Legal Guardian. It is interesting to me, that a parent wouldn't be able to establish what they believe to be the best interest of the child - could it be that in this case it was a weekend-warrior father, and the child's mother [post divorce] is suing? I mean - it said:
Quote:
The child’s father had signed a “release and waiver of liability, assumption of risk, and indemnity agreement,” according to the ruling. However a representative of the child’s estate stepped forward and filed a lawsuit for wrongful death against the park’s operators.
So, the father isn't involved with the child's estate? Or, is the father just out money-grubbing after he signed for his child and found a loop-hole?

Certainly a case for me to watch....

Hondahugger 12-30-2008 10:08 AM
Looks like my son won't even be playing high school football next year with the way this is going to trigger other events!

Papa_Complex 12-30-2008 10:13 AM
Quote:
Originally Posted by azoomm (Post 135782)
Interesting development.

Our standard child waiver is two sided - one side is in [more] plain english and is to be signed by the minor. The other side is more complex and is to be signed by a Parent OR Legal Guardian. It is interesting to me, that a parent wouldn't be able to establish what they believe to be the best interest of the child - could it be that in this case it was a weekend-warrior father, and the child's mother [post divorce] is suing? I mean - it said:

So, the father isn't involved with the child's estate? Or, is the father just out money-grubbing after he signed for his child and found a loop-hole?

Certainly a case for me to watch....
I've been wondering if the "representative of the child's estate" was court appointed, or hired by one of the parents. I haven't seen any information in that regard.

askmrjesus 12-30-2008 10:17 AM
Quote:
Originally Posted by Corey (Post 135770)
Sure, high school programs, but what about pee-wee football and all the other shit, like summer camps, youth leagues, and other stuff along those lines that happen outside of school? Those are for profit and require a legal waiver as well.
It's not just limited to sports either. There are also waivers required or SCUBA diving, guided snorkel trips, gear rental for the aforementioned, boat rentals, para-sailing, deep sea fishing...the list goes on and on. Florida is shooting itself in it's recreational tourism based foot.

Shit like this is one of the reasons I quit being a diving instructor when I moved back to the states.

JC


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