Waivers

[Giovanni Jaramillo]

Found these two articles related to minors.

• Personal-waivers ruling worries businesses
• Lawyer's response

[Steve Ekstrand]

Its slowly growing state by state that parental waivers have no meaning.

The first big case I'm aware of involved a skate park in New Jersey. The next big case I remember was a Jr. competitive skier in CO.

In every case you have a tragically hurt child that needs medical care for life and the insurance will run out. Just looking for a deep pocket to solve the tragedy. Some tragedies can't be solved. Especially, not by messing around with a law in ways that will effect everybody negatively.

How do have any activity for children that involves the slightest faultless risk? We don't want to shut EVERYTHING down... What's the risk to children who get to experience NOTHING growing up? I know... If we kill them at birth, they can't get hurt.

But what the Hell is FL doing in their response? Shielding negligence? Why not just sell children into slavery or child porn? Must be a lot of GRA members in FL. Bizarre.

[Giovanni Jaramillo]

Must be a lot of GRA members in FL. Bizarre.

Funny you mentioned GRA as I noticed (on they practice flyer) they are not allowing JR karters at the practice.

[George Schilling]

Another nail in the coffin to kids having any fun at all. The way things are going, parents will be found negligent if they allow their children outside without head protection and a padded suit. It'll be interesting to see where this new legislation ends up. Hopefully the fate of this will be better than the ban on childrens recreational vehicles.

[Chuck Fowler]

seems like a shot gun approach with the ruling. did the mother know he was going riding or had she said no and they did it anyway?
i wonder why didn't they narrow it to just requiring both parents

oh wait, that would just make the parents more responsible...what was i thinking

[Steve Ekstrand]

The fix is, if you hate horrible injuries and need to find money to deal with them, let society pay for it.
Yeah, I know more gov't, ick Socialism.... yadda yadda yadda off to the PP.

But truth is we're interfering with a free market unfairly and unfairly tagging a company with the bill. If society wants to cover something like that, then the society as a whole should foot the bill.

[Bob Beamesderfer]

This is all the most annoying stupidity. The law cannot possibly be extended to affix blame on every indirect and non-causal action. It's insane!

The ATV/Mini-motocross is a perfect example of either over-reach or just plain un-thinking legislation or both.

Where's the effort to cut the infant mortality rate? Or elevate the health care system in general with either public or quasi-private efforts? We rank 39th in the world despite having some of the best technology/diagnosticians/hospitals. :mrt:

[Bob Beamesderfer]

But truth is we're interfering with a free market unfairly and unfairly tagging a company with the bill. If society wants to cover something like that, then the society as a whole should foot the bill.

And the more that insurance companies want to be partially or wholly indemnified from the supposed coverage they provide, the more they'll send lobbyists to state capitals to turn the law in their favor by limiting risk through the legislative process.

I find it stunning that people resent attempts to mitigate risk for individuals—property owning taxpayers—but stand idly by while corporations lobby for and get what they want—insert long list of tax credits, tariffs, accounting loopholes and sweetheart contracts here.

[Steve Ekstrand]

In FL, the insurance companies got royally shafted by the court. Then used their lobbying power in the legislature to try and swing the pendalum too far back with a criminal sweetheart deal. Hopefully, the FL senate's sanity will prevail.