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The Florida Supreme Court ruled Thursday that parents cannot waive liability on behalf of their children by signing releases before the kids participate in motor sports and other hazardous activities. 
The 4-1 ruling in the Florida accidental wrongful death of a 14-year-old boy while riding an all-terrain vehicle could have broad implications for businesses that offer such activities as go-cart and motocross racing, bungee jumping, horseback riding, parasailing and scuba diving.
“Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission,” Justice Harry Lee Anstead wrote in a concurring opinion.
The decision cleared the way for a wrongful death lawsuit against the owners and manager of Thunder Cross Motor Sports Park in Okeechobee County, where Christopher Jones died after attempting a jump. He lost control and was ejected from the vehicle. It then landed on top of him. He got up and began walking way, but then collapsed and died.
A trial judge cited a waiver signed by Christopher’s father in dismissing the lawsuit. An appellate court disagreed and reinstated the suit. The high court approved that decision.
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