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Court Nullifies Child Waivers
Outdoor companies can be liable despite parent's signature
The above is about a Colorado Supreme Court ruling that says that "parents have no right to sign liability waivers for their children."
06-26-2002, 02:42 PM
I checked out the case on Westlaw, and the court made it clear that they don't like waivers (exculpatory clauses) and they based their ruling on an overwhelming need to protect the interests of the child. It this case, they wanted to protect the child's right of recovery. Apparently, Colorado doesn't have a state law stating that in activities like these the parents can waive the rights of recovery. The court pointed out a couple of cases that did this and seemed to suggest to opposing parties that if they want more protection to go to their legislature.
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