Thursday, June 27, 2019
KY: Pre-Injury Waivers by For-Profit Companies Signed by a Parent Are Not Enforceable Against a Minor Child
The Kentucky Supreme Court has unanimously ruled that for-profit companies can be liable for injuries to minor children even if their parents signed a pre-injury waiver. The ruling came in a case in which an 11-year-old girl broke her ankle jumping on a trampoline at the House of Boom in Louisville, KY in 2015. The mother had checked a box saying that she, on behalf of her daughter, would "forever discharge and agree not to sue" the trampoline park. The court noted that for the most part, under Kentucky law, "a parent has no authority to enter into contracts on a child's behalf." The court also stated that in 11 of 12 jurisdictions in the U.S., waivers between parents and for-profit entities have been found unenforceable. WDRB.com has the story.
I found this story by reading State Supreme Court Watch, a bi-weekly email available from Shook, Hardy & Bacon. Written by Phil Goldberg & Chris Appel, the email includes sections on Cases Granted Review and Cases Decided. I highly recommend signing up. To do so, email Phil Goldberg at email@example.com.