Releases Signed on Behalf of Minors Held Unenforceable

By jmaroney on December 29, 2008

During the first two weeks of December 2008, the appellate courts in Florida decided two cases that are favorable to plaintiffs and people injured as a result of negligence. The first case was decided by the state Supreme Court and is entitled Kirton v. Fields. In that case, the court determined that a release signed by a parent, before an injury, may not be enforceable against the operator of a commercial activity. In this particular case, the release signed by the minor’s father so that the minor could gain access to a motorcross sports park to ride his ATV was held unenforceable because it prevented the minor’s estate from bringing a cause of action against the commercial establishment that provided the activity which resulted in the minor’s death.

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