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Old 12-30-2008, 10:21 AM   #1
Papa_Complex
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Default 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.
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Old 12-30-2008, 10:30 AM   #2
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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?
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Old 12-30-2008, 10:51 AM   #3
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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.
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Old 12-30-2008, 10:55 AM   #4
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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.
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Old 12-30-2008, 10:57 AM   #5
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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.
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Old 12-30-2008, 11:01 AM   #6
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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.
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Old 12-30-2008, 11:05 AM   #7
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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....
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Old 12-30-2008, 11:08 AM   #8
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Looks like my son won't even be playing high school football next year with the way this is going to trigger other events!
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Old 12-30-2008, 11:13 AM   #9
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Originally Posted by azoomm View Post
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.
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Old 12-30-2008, 11:17 AM   #10
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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.

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