Rep. Rick Kriseman (D-53) is a member of the Florida House of Representatives and an attorney with Saunders & Walker PA
If some in the Legislature have their way, businesses will be able to conduct their business in a negligent fashion and be immune from liability for that behavior.
Representative Mike Horner and Senator Steve Oelrich have filed bills (HB363 and SB886) which authorize “natural guardians to waive and release, in advance, any claim or cause of action that would accrue to any of their minor children..”
Let me explain how this would work. Joe Smith and his 15 year old son decide they want to go jet skiing. They go to the marina where the Jet Ski rental store is located, and Joe signs a release form for himself and his son (since his son is still a minor and cannot sign a legal document which is binding on his own).
Joe and his son are then given the keys to two jet skis, and are lead to where the jet skis are located in the marina. Joe puts on his life vest and makes sure his son puts on his vest, as Joe is a very cautious father. Joe and his son then mount their jet skis, start the engines, and drive the jet skis out of the marina into open waters.
After 10 minutes of riding the jet skis, the steering locks on the jet ski Joe’s son is riding, and as a result of the steering locking, the jet ski crashes into a dock, causing serious injury to Joe’s son.
The Marine Patrol investigates the crash and determines that the jet ski had not been properly maintained by the rental company, and as a result of the negligent maintenance of the jet ski, the steering locked causing the accident.
Under CURRENT Florida law, the release signed by Joe for his son would be unenforceable, as a parent cannot waive or release the negligent act of another on behalf of his/her minor child. However, should HB363/SB886 pass the legislature this year, Joe would have no cause of action against the jet ski rental company, thereby giving the jet ski rental company a free pass for it’s negligent conduct.
This is a bad bill for Floridians, a bad bill for children, a bad bill for consumers, as it encourages bad behavior by unscrupulous businesses, who could act in a negligent fashion with no right to redress for that bad behavior. We, as adults, are mature and, hopefully, wise enough to decide for ourselves if we want to waiver negligent behavior. But our children are not. We can only hope the legislature does not reward bad behavior by passing these bills.
If some in the Legislature have their way, businesses will be able to conduct their business in a negligent fashion and be immune from liability for that behavior.
Representative Mike Horner and Senator Steve Oelrich have filed bills (HB363 and SB886) which authorize “natural guardians to waive and release, in advance, any claim or cause of action that would accrue to any of their minor children..”
Let me explain how this would work. Joe Smith and his 15 year old son decide they want to go jet skiing. They go to the marina where the Jet Ski rental store is located, and Joe signs a release form for himself and his son (since his son is still a minor and cannot sign a legal document which is binding on his own).
Joe and his son are then given the keys to two jet skis, and are lead to where the jet skis are located in the marina. Joe puts on his life vest and makes sure his son puts on his vest, as Joe is a very cautious father. Joe and his son then mount their jet skis, start the engines, and drive the jet skis out of the marina into open waters.
After 10 minutes of riding the jet skis, the steering locks on the jet ski Joe’s son is riding, and as a result of the steering locking, the jet ski crashes into a dock, causing serious injury to Joe’s son.
The Marine Patrol investigates the crash and determines that the jet ski had not been properly maintained by the rental company, and as a result of the negligent maintenance of the jet ski, the steering locked causing the accident.
Under CURRENT Florida law, the release signed by Joe for his son would be unenforceable, as a parent cannot waive or release the negligent act of another on behalf of his/her minor child. However, should HB363/SB886 pass the legislature this year, Joe would have no cause of action against the jet ski rental company, thereby giving the jet ski rental company a free pass for it’s negligent conduct.
This is a bad bill for Floridians, a bad bill for children, a bad bill for consumers, as it encourages bad behavior by unscrupulous businesses, who could act in a negligent fashion with no right to redress for that bad behavior. We, as adults, are mature and, hopefully, wise enough to decide for ourselves if we want to waiver negligent behavior. But our children are not. We can only hope the legislature does not reward bad behavior by passing these bills.