Sports Injuries, Play Areas, Day Care Centers, Bounce Houses and More – Are Releases and Waivers of Liability Valid for Florida Children?

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Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.