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ATTENTION FLORIDA RESIDENTS - ACTION NEEDED

flarider

C100_eibear

Posts: 34255

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Location: Merritt Island, FL USA

2/5/2010 9:26 AM

OK, THE PARENTAL WAIVER ISSUE IS COMING TO A HEAD AND AT THIS POINT, WE ARE LOSING. THE TRIAL ATTORNEYS ARE MAKING HEADWAY AND AT THIS MOMENT, WE DO NOT HAVE ENOUGH OF OUR STATE REPRESENTATIVES ON OUR SIDE.
ACTION IS NOW NECESSARY

SEND AN EMAIL TO THE ADDRESS IN THE MESSAGE BELOW, EXPLAINING HOW THE LOSS OF THE ABILITY FOR CHILDREN UNDER 18 TO PARTICIPATE IN MOTOCROSS COULD OR WOULD IMPACT YOU. IMAGINE IF ALL THE TRACKS CLOSED BECAUSE 90% OF THEIR BUSINESS WAS NO LONGER ALLOWED TO RIDE BECAUSE A PARENT CAN NO LONGER SIGN A WAIVER OF LIABILITY ON BEHALF OF THEIR CHILDREN...HOW WOULD THAT IMPACT YOU? HOW MUCH WOULD THAT IMPACT THE COMPANIES YOU PURCHASE BIKES, PARTS AND ACCESSORIES FROM?
IT'S ABOUT MONEY, THAT IS WHAT MAKES POLITICIANS OPEN THEIR EYES...MONEY.
IF BUSINESSES CLOSE, THAT IS REVENUE LOST
IF MILLIONS ARE LOST IN SALES IN THE STATE, THAT IS REVENUE LOST
IF PEOPLE BUY FEW MOTORCYCLES AND ATV'S, THAT IS NOT ONLY LESS SALES TAX, BUT LESS REVENUE BY WAY OF REGISTRATION AND TITLING.

IT'S ABOUT MONEY, NOT FEEL GOOD MAKE KIDS HAPPY....MONEY
WRITE AN EMAIL AND LET THEM KNOW HOW MUCH MONEY THEY WILL LOSE, HOW YOUR DEALER WILL LOSE MONEY AND YOUR DISTRICT WILL LOSE MONEY (Dana, who is working on this will direct to proper representative).

THIS IS FLORIDA RESIDENTS ONLY, PLEASE

NON-RESIDENTS OF FLORIDA, YOU CAN HELP BY PASSING THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE


==============================================================
I am including below a brief synopsis of the issue so that you can share it with others. Please direct all inquiries to me at dana@onmessage.com or 407-608-5921. As I mentioned I would love for folks to send me an email outlining their interest in the issue, how it impacts them and their business etc…It is important to have each person’s name and address so I can identify people from certain areas of the state if needed. I will personally follow up with each of them to determine how they can best assist our efforts.

BEWARE BUSINESS OWNERS: FLORIDA SUPREME COURT VOIDS PARENTAL WAIVERS

A recent decision by the Florida Supreme Court makes pre-injury releases that parents sign for their children to participate in field trips, athletics, or recreational activities unenforceable – meaning some of these activities may not be available to youth in the future.

It is common for service providers in Florida that offer athletic or recreational activities to minors to require parental consent in order to protect the provider from substantial liability in the case of injury. In fact, many of these providers including rock climbing venues and ATV operators are required by their own insurance companies to obtain these waivers from parents of minors. The ruling will likely impact a wide range of businesses in Florida that include children as their customers including sports leagues, amusement parks, water skiing and boating operators and others. If parents cannot sign these waivers on behalf of their children, the businesses are leaving themselves open to significant liability risks. Therefore, businesses across the state are discontinuing offering such services or activities to children. Not only is this Supreme Court decision contrary to almost all other parental choice situations but it also limits the life experiences of our youth and jeopardizes some of Florida’s oldest and most loved attractions.

Victor Scwartz, a Washington DC attorney who has written about this decision says “the Supreme Court’s decision creates an arbitrary distinction for commercial and non commercial activities that, in addition to adding ambiguity to the law and having nothing to do with safeguarding children ignores well-defined limits and careful balancing in scope and effect that Florida courts apply with regard to waivers”. He supports legislation to overturn the Court’s ruling and restore parent’s ability to sign waivers on behalf of their minor child as appropriate.

Unfortunately, last year the trial lawyers successfully blocked legislation reinstating a parent’s ability to enter into these pre-injury agreements with the provider just as they would on behalf of themselves. A coalition of business is asking the Legislature again this year (HB 285 by Rep. Mike Horner of Kissimmee) to reconsider the proposed legislation and preserve the athletic, recreational, and amusement park activities available to the youth in our state.

Bill Lupfer, President of the Florida Attractions Association adds, “You can certainly understand why so many of our members are concerned with this court ruling. Beyond jeopardizing parental rights there are jobs and entire family owned business in jeopardy.”



Dana C. Loncar
CONSENSUS
COMMUNICATIONS
407.608.5921 - Office
407.808.3441 Cell

==========================================================

BOTTOM LINE, THE COURTS HAVE SAID AND NOW THE LEGISLATURE IS TRYING TO SAY THAT YOU CANNOT SIGN A WAIVER FOR YOUR CHILD (OR TEEN) ALLOWING THEM TO RACE OR RIDE ON A TRACK IN THE STATE OF FLORIDA...YOUR CHILD WILL NOT BE ALLOWED TO RACE AT ANY TRACK IN THE STATE.
KEEP IN MIND, THIS IS APPLICABLE TO OTHER SPORTS AS WELL SUCH AS HORSE RIDING, GYMNASTICS, COMPETITIVE CHEERLEADING, ARCHERY, GUN RANGES AND ESSENTIALLY ALMOST EVERY SPORT WHERE A WAIVER IS SIGNED FOR A CHILD TO PARTICIPATE.

PLEASE PASS THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

wardy

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Location: USA

2/5/2010 9:45 AM

are these other groups like high school foot ball soccer, basket ball etc included in this?

we have a "no one under 16 bill allowed to ride here in Illinios we are fighting right now.

just curious dave how many other "main" line sports in FL are fighting this or are they targeting the "fringe" ones???

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/5/2010 9:47 AM
Edited Date/Time: 2/5/2010 9:50 AM

No, in Florida, government sponsored sports (like school football) are exempt



Bullshit, huh?





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

peeps sr

C100_617700228_1207225705

Posts: 420

Joined: 8/15/2006

Location: Tallahassee, FL USA

2/5/2010 10:03 AM

Actually Dave, the Supreme Courts decision (or the intent) was for “commercial purposes”. However, they didn’t define what commercial purpose is. Example, if the event is a school field trip to a zoo, the zoo is for commercial purposes; or maybe the field trip is done via a commercial carrier. The League of Cities, Association of Counties, school boards, et al, see this as very problematic, and another opening for trial lawyers to sue…

So in our efforts we see the decision as including everyone

The best 14 years of my life were traveling with my son racing motocross

Wandell

C100_115999170_1229546211

Posts: 3750

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Location: Cairo, USA

2/5/2010 10:06 AM

Complete and total bullshit.

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/5/2010 10:12 AM

peeps sr wrote: Actually Dave, the Supreme Courts decision (or the intent) was for “commercial purposes”. However, they didn’t define what commercial purpose is. Example, if the event is a school field trip to a zoo, the zoo is for commercial purposes; or maybe the field trip is done via a commercial carrier. The League of Cities, Association of Counties, school boards, et al, see this as very problematic, and another opening for trial lawyers to sue…

So in our efforts we see the decision as including everyone

Thank you for clarifying, Peeps





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

gsxrcr28

C100_image_1412218267

Posts: 5880

Joined: 3/5/2009

Location: Fort Lauderdale, FL USA

2/5/2010 10:16 AM

Done.

Email sent.

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/5/2010 10:48 AM
Edited Date/Time: 2/5/2010 10:53 AM

I really hope everyone understands what this is about and means.



If you cannot have a parent sign a waiver, like we all sign at every track, every time, kids under 18 will not be allowed to ride or race.



The rational is that a parent does not have the right to waive (sign away) the rights of a child and their future for compensation in the event of injury. The trial attorney's are saying that a parent has no right to sign away a person's right as a minor, so that they will have no right to sue as an adult. Their opinion is, and the Florida Supreme Court seems to agree, that if you sign a waiver for a minor, waiving their future rights, you are therefore waiving their rights as an adult as well because the waiver keeps the "now adult" from the ability to seek compensation, and you can't do that.



How many minors are at your track on practice or race day? They will be all gone.

Think the track can stay open on what's left?



and for those of you in other states, this will apply to you, because if trial lawyers are successful here, it will spread because all the ambulance chasers will smell blood and go after cases and courts all over the country.

DO NOT MAKE THE MISTAKE OF THINKING THIS HAS NOTHING TO DO WITH YOU

Because it does



Put it on other boards, spread the word





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

Moto East Mag

C100_jacklaugh

Posts: 3449

Joined: 9/4/2006

Location: Arlington, VA USA

2/5/2010 11:05 AM

flarider wrote: No, in Florida, government sponsored sports (like school football) are exempt



Bullshit, huh?

HOLY CRAP!

I will spread the word Dave. I guess little kids slamming their skulls into each other repeatedly day after day, year after year is okay, because the government says so???

RyanDungey: Got things kicked off tonight to the 2012 supercross season, 3rd place, looking forward to what's ahead thanks to the KTM crew and all fans!
RickyCarmichael: U people crack me up
RyanDungey: “@RickyCarmichael: U people crack me up” who?

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/5/2010 11:07 AM

Just thinking about this....

Do you race the Mini O's? Come to Florida in the winter to race or train?

Then send an email anyway, let them know how much you spend and how much revenue they'll be turning away from the state of Florida





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/5/2010 11:10 AM

flarider wrote: No, in Florida, government sponsored sports (like school football) are exempt



Bullshit, huh?

Moto East Mag wrote: HOLY CRAP!

I will spread the word Dave. I guess little kids slamming their skulls into each other repeatedly day after day, year after year is okay, because the government says so???

Yes, the operative term is "commercial"
School or city sponsored sports are not for commercial purposes and are therefore exempt

Karate, motocross, rock climbing, gymnastics (etc...) is commercial and subject to this ruling and potential law





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

jimid553

C100_hank_the_angry_drunken_dwarf

Posts: 131

Joined: 4/1/2008

Location: San Diego, CA USA

2/5/2010 2:27 PM

So then we won't have anyone younger than 18 at the Olympics? So you would have to wait to try any sport until your an adult? That's ludicrous! So kids will have to sit around and get even fatter until they turn 18 and then pick up a hobby......no way they can do this to us right?

jbomx363

C100_me2_h70_feb_2012

Posts: 1808

Joined: 9/4/2007

Location: Denham Springs, LA USA

2/5/2010 2:28 PM

I don't see the problem if this passes, even though I think it's ridiculous if it does.

Does not the State of Florida have a law on the books that if you participate in a dangerous sport, like equine sports or motocross or sport that has inherent risks?

Here is Louisianas:
http://www.legis.state.la.us/lss/lss.asp?doc=181348

And the sign that must be posted:
WARNING Under Louisiana law, a motorized off-road vehicle activity sponsor or motorized off-road vehicle professional is not liable for an injury to or the death of a participant in a motorized off-road vehicle activity resulting from the inherent risks of the motorized off-road vehicle activity, pursuant to R.S. 9:2795.4."

doublezero

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Posts: 271

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Location: Naples, FL USA

2/5/2010 3:37 PM

Posted on DZP

typ2vw159

C100_3_11_2011_013

Posts: 882

Joined: 10/4/2007

Location: Mototown, USA

2/5/2010 4:31 PM

4-strokes killed the track. Now the track owners have less riders.Resulting in higher entry and gate fees.= less funds to operate.And a slow death!

Bone or bail i got to race
It,s all about stayen on the box!
All these dudes think ya have a problem but the true problem is everyone else. Motocrossers are uptite family people!

wardy

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Posts: 1501

Joined: 3/31/2008

Location: USA

2/5/2010 8:32 PM

Lets hope this doesn't pass, since if it does every state in this country will be screwing around with it....... to many damn lawyers around and in office.

but.

if this stupidity does pass. My solution is this. places that "charge to play" simply don't charge the kids.

charge the parents a fee. not the kids. then if they ride for free, liability would fall back on the parent more so then the track/park?????

what would the off road riding places do, like the florida owns places.??/

just hope it don't pass.

Midnite_MX

C100_89383980_1265210638

Posts: 92

Joined: 1/19/2010

Location: Deltona, FL USA

2/6/2010 5:14 AM

How much time did that asshole congressman from here in Florida get for trying to bang his underage male intern? Theyd rather strip parents of their consensual rights, and hold child molesters up in the limelight, than allow opportunities for good wholesome clean fun. All I got to say is Michael Fukking Jackson!!! it makes me sick to my stomach to think where we are heading. Somethings got to give.

I Eat, Breathe, Sleep, and Shit Motorcycles.

flarider

C100_eibear

Posts: 34255

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Location: Merritt Island, FL USA

2/6/2010 5:40 AM

Midnite_MX wrote: How much time did that asshole congressman from here in Florida get for trying to bang his underage male intern? Theyd rather strip parents of their consensual rights, and hold child molesters up in the limelight, than allow opportunities for good wholesome clean fun. All I got to say is Michael Fukking Jackson!!! it makes me sick to my stomach to think where we are heading. Somethings got to give.

If you're referring to Mark Foley, he was a US Representative. They have nothing to do with this, it's a state issue.

Wardy, we got to this point because the Florida Supreme Court made this ruling, that a parent cannot sign for a minor.

jbo, sign doesn't mean shit. Signing a waiver does, but a minor cannot enter into a legal agreement, and Florida does not have an equine exemption like other states.





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

Midnite_MX

C100_89383980_1265210638

Posts: 92

Joined: 1/19/2010

Location: Deltona, FL USA

2/6/2010 6:34 AM

"If you're referring to Mark Foley, he was a US Representative. They have nothing to do with this, it's a state issue." Politicians are Politicians youve seen one youve seen em all. their all in cahoots with each other to turn a profit, the only time they care about their constituents is during election time. now they wanna tell me how to raise my kids, you would think the earlier a human being learns to operate a vehicle the safer they will be on the road in the future. hmmm, btw, i learned to ride at 4 years old, and operate a backhoe at 5, and ive never once been involved in a car accident, praise God, and im older than the hills, oh yeah aced the written test with a 100% on the first try, and got a 98% on my driving test, she took two points for me taking my hand off the wheel....to shift! lmao the old bitch couldnt stand the fact a 15 year old kid was a better driver than her.

I Eat, Breathe, Sleep, and Shit Motorcycles.

jbomx363

C100_me2_h70_feb_2012

Posts: 1808

Joined: 9/4/2007

Location: Denham Springs, LA USA

2/6/2010 6:36 AM
Edited Date/Time: 2/6/2010 6:38 AM

Midnite_MX wrote: How much time did that asshole congressman from here in Florida get for trying to bang his underage male intern? Theyd rather strip parents of their consensual rights, and hold child molesters up in the limelight, than allow opportunities for good wholesome clean fun. All I got to say is Michael Fukking Jackson!!! it makes me sick to my stomach to think where we are heading. Somethings got to give.

flarider wrote: If you're referring to Mark Foley, he was a US Representative. They have nothing to do with this, it's a state issue.

Wardy, we got to this point because the Florida Supreme Court made this ruling, that a parent cannot sign for a minor.

jbo, sign doesn't mean shit. Signing a waiver does, but a minor cannot enter into a legal agreement, and Florida does not have an equine exemption like other states.

Well. it's not just a sign..it's STATE LAW, the sign is required to get the protection of the law.



LA... NO ONE can sign their rights away, although hardly anyone knows that.. it's a moot point signing waiver forms in Louisiana...doesn't stop mx here for kids or adults.

And no, I'm not a lawyer, but am an ex-track owner that had to look into this stuff awhile back.



I think effort should be directed at getting an inherant risk law in FL and all other States.

Midnite_MX

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Posts: 92

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Location: Deltona, FL USA

2/6/2010 7:11 AM

"I think effort should be directed at getting an inherant risk law in FL and all other States."
Bingo. you used to be able to do almost anything in this country at one time, as long as you did it at your own risk. Big insurance changed all that. Now imagine how i feel, paying insurance for 25 years and never having an accident, do you think the government will give me any of those monies back?

I Eat, Breathe, Sleep, and Shit Motorcycles.

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/6/2010 7:15 AM

Here (in a thumbnail) is what started all this...

Dad (divorced) took his son to ride his ATV at a Florida track (Thundercross), the kid overjumped and endo'd on his quad and it landed on him and he died.
Now, while the Father signed the release, the mother, who had primary custody, did not and she wants to sue.
Track and lower court said she could not sue as the Father signed a waiver
She appealed all the way to Florida Supreme Court claiming the waiver was invalid and unenforceable and the court agreed, and went further by stating a parent cannot waive the future rights of a person

===========================================

http://www.floridatrend.com/article.asp?aID=50770

Published 4/1/2009 in Florida Trend
Florida Law
High Court: Parents Can't Sign Away Kids' Rights
The Florida Supreme Court says parents can't sign waivers giving up their children's rights to sue.


Christopher Jones was determined to conquer the double-jump obstacle at the Thunder Cross Motorsports Park in Okeechobee. The ATV driver crashed during an attempt and ended up in the emergency room. He tried again a month later and was ejected from the vehicle. The ATV fell on the 14-year-old, and he died soon after.

Christopher’s father had signed the release form — waiving the right to sue in case of an injury — that Christopher needed to drive at Thunder Cross that day. The boy’s mother, divorced from Christopher’s father and unaware that her son was driving ATVs, filed a lawsuit challenging the validity of the waiver and accusing the track’s owners of negligence. The initial case was dismissed based on the signed waiver, but the 4th District Court of Appeals reversed that decision, and the case went to the Florida Supreme Court. In December, in a decision that focused solely on for-profit enterprises involving minors, the court ruled 4-1 that parents do not have the right to waive liability rights on behalf of their children. "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," the court wrote.

Adam E. Babington, the Florida Chamber of Commerce’s legislative counsel, says the ruling has raised questions about which waivers are worthless and which might still be valid. And, he says, the court’s distinction between commercial and non-commercial entities has created confusion. "Each business and each organization is trying to understand how this applies to them," Babington says.

Richard L. Barrett, an Orlando attorney who helped represent Thunder Cross, says the court’s decision will likely "cripple" the state’s motocross industry. Many of the sport’s participants are young, including many who compete professionally. Nearly all began riding motorcycles and ATVs when they were minors. "I represent most of the motocross tracks in the state of Florida, and many of them are beginning to basically stop allowing practice and racing for children under the age of 18 — children for whom releases cannot be signed," Barrett says. "It’s also going to have a crippling affect on the scuba diving industry."

The ruling allows Bette Jones, Christopher’s mother, to go forward with her suit against the track’s management, says Laurence Huttman, one of her attorneys. Jones is seeking undisclosed punitive damages, but she says her decision to proceed has more to do with raising "awareness about the dangers of kids racing ATVs for sport" than it does with money.

Huttman says the Supreme Court’s decision will force for-profit providers of risky activities to make sure that their activities are as safe as possible. He says there was little financial incentive for that before because waivers protected the businesses. "We’re not talking about Little League baseball or other community-oriented activities," Huttman says. "The narrow issue in the Supreme Court decision has to do with for-profit activities. I don’t want to stop my kid from partaking in all of life’s adventures, but if we’re going to go to a for-profit activity, where we’re paying an admission price, we want some degree of safety involved."

Babington doesn’t think the courts will have the final say. "As a matter of public policy, this is something that should be left to the Legislature," he says. Indeed, identical "parent authority" bills have already been submitted to the state House and Senate. The legislation would allow parents or guardians to sign waivers on behalf of their children once again.





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

SteveS

C100

Posts: 6632

Joined: 8/16/2006

Location: WV, USA

2/6/2010 7:27 AM

Seems like the Florida Supreme Court overruled on this. Perhaps their case was that a divorced parent doesn't have the right to sign for a child without the agreement of the ex.

flarider

C100_eibear

Posts: 34255

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Location: Merritt Island, FL USA

2/6/2010 7:33 AM

No, the ruling said a waiver signed by a parent for a commercial enterprise is invalid, period





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

flarider

C100_eibear

Posts: 34255

Joined: 4/1/2008

Location: Merritt Island, FL USA

2/6/2010 7:35 AM

http://www.motorcycle-usa.com/322/2135/Motorcycle-Article/Florida-Court-Ruling-on-ATV-Death.aspx


On Dec 11, 2008, the Florida Supreme Court, in a 4-1 decision, sided in favor of Fields. Upholding the appellate court ruling, the Supreme Court stated: “a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity.”

The keyword in the ruling is “commercial” activity. The reasoning being a commercial enterprise “can insure against the risk of loss and include these costs in the price of participation.”

Explaining its position further the court states: “…we find that there is injustice when a parent agrees to waive the tort claims of a minor child and deprive the child of the right to legal relief when the child is injured as a result of another party’s negligence.”

The court goes on to say: “…when a parent decides to execute a pre-injury release on behalf of a minor child, the parent is not protecting the welfare of the child, but is instead protecting the interests of the activity provider.”

The court does recognize, however, that pre-injury releases can be upheld in “school-run or community-sponsored activities.” (The most immediate examples being school sports like football and cheerleading.)





This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR




"Grant money is not pork" - Rep Allen West

patpipes

C100_106354540_1265474596

Posts: 2

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Location: Grass Valley, CA USA

2/6/2010 8:53 AM

Race parents have brought most of this on themselves. Go to a motocross and watch how they goad the kids to do doubles and of course that old standard the twist it on grip as they go by on the track. Check the top mini bike riders in the USA and try and find one over 13 with no history of a broken bone. I preferred the old days when kids just rode around and raced later when they were much older.

SteveS

C100

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Location: WV, USA

2/6/2010 10:25 AM
Edited Date/Time: 2/6/2010 10:25 AM

flarider wrote: http://www.motorcycle-usa.com/322/2135/Motorcycle-Article/Florida-Court-Ruling-on-ATV-Death.aspx


On Dec 11, 2008, the Florida Supreme Court, in a 4-1 decision, sided in favor of Fields. Upholding the appellate court ruling, the Supreme Court stated: “a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity.”

The keyword in the ruling is “commercial” activity. The reasoning being a commercial enterprise “can insure against the risk of loss and include these costs in the price of participation.”

Explaining its position further the court states: “…we find that there is injustice when a parent agrees to waive the tort claims of a minor child and deprive the child of the right to legal relief when the child is injured as a result of another party’s negligence.”

The court goes on to say: “…when a parent decides to execute a pre-injury release on behalf of a minor child, the parent is not protecting the welfare of the child, but is instead protecting the interests of the activity provider.”

The court does recognize, however, that pre-injury releases can be upheld in “school-run or community-sponsored activities.” (The most immediate examples being school sports like football and cheerleading.)

I know what they said. But the case really involves an ex-wife wanting to sue the track because the father took the kid that got killed.



But instead of ruling on the merits of whether only one of a pair of divorced parents can waive rights when the other parent disagrees, the appellate courts have ruled on a far more over-reaching issue of whether parents can waive rights at all.



The issue of waiving rights in school or community sponsored activities actually makes no sense under their ruling that parents don't have the right to waive rights for children. They take the convoluted logic of saying that because a child is a minor, in effect under no circumstance can the minor waive or have waived his rights because he lacks the legal standing to do so, therefore nobody has the legal standing to do so. But then in the next breath they make the statement that because you can't sue the government, you do have legal standing to waive that same child's rights because the activity provider is immune from prosecution.

So, Floridians, please make a big stink and stop this madness.

wardy

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2/6/2010 2:20 PM

flarider wrote: http://www.motorcycle-usa.com/322/2135/Motorcycle-Article/Florida-Court-Ruling-on-ATV-Death.aspx


On Dec 11, 2008, the Florida Supreme Court, in a 4-1 decision, sided in favor of Fields. Upholding the appellate court ruling, the Supreme Court stated: “a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity.”

The keyword in the ruling is “commercial” activity. The reasoning being a commercial enterprise “can insure against the risk of loss and include these costs in the price of participation.”

Explaining its position further the court states: “…we find that there is injustice when a parent agrees to waive the tort claims of a minor child and deprive the child of the right to legal relief when the child is injured as a result of another party’s negligence.”

The court goes on to say: “…when a parent decides to execute a pre-injury release on behalf of a minor child, the parent is not protecting the welfare of the child, but is instead protecting the interests of the activity provider.”

The court does recognize, however, that pre-injury releases can be upheld in “school-run or community-sponsored activities.” (The most immediate examples being school sports like football and cheerleading.)

The court does recognize, however, that pre-injury releases can be upheld in “school-run or community-sponsored activities.” (The most immediate examples being school sports like football and cheerleading.)

this is plain discrimination. it's "OK" if it's done in school, but not commercially is simply bullshit and well could be beat in court also..... problem is in the meantime what would a promoter do?

guess go back to the old days, run with no insurance and no waivers and put stuff in a corporation. or maybe three or four.

or get out of the business.

nothing like politicians and courts to screw things up. if they didn't allow frivalous* lawsuits, I guess this wouldnt' be an issue.

sad that someone died, but wouldn't most of this issue lay with the father in this case???

but thats common sense nothing that government would understand.

loftyair

C100_109192760_1246654999

Posts: 1060

Joined: 7/3/2009

Location: riverside, CA USA

2/6/2010 2:42 PM

Make motocross a school-sport then. I'm pretty sure some schools still have that. Here's our government,"Dont let your kids do anything, they could get hurt! But we will be having a 'jump out of an airplane without a parachute' day that is community-sponsored, so they will be safe! Boy would our country be in better shape if our elected officials just tried to do what's right instead of money-chasing, too much 'stiction' going on!

racin mason

C100

Posts: 568

Joined: 4/1/2008

Location: Long Beach, WA USA

2/6/2010 2:46 PM

If a school were to charge admission to a football game, would the game not be considered a comercial activity?
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