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Tuesday, July 18, 2006

Law - More on: New Jersey case on waiver of liability at skateboard park

This Feb. 1, 2006 ILB entry reported on an argument before the NJ Supreme Court on whether parents can waive their children's rights to sue.

Yesterday, the New Jersey Supreme Court ruled 5-2 that commercial recreational facilities cannot use those forms to escape liability for their own carelessness.
That is a quote from this story in today's Newark New Jersey Star-Ledger. More from the story:
The case centered on a form that Anastasia Hojnowski signed on Dec. 26, 2002, so her son, Andrew, could skateboard at Vans Skate Park in Moorestown. A week later, the 12-year-old broke his thighbone while skateboarding and had to undergo surgery three times.

His parents blamed the skate park for failing to supervise "aggressive skateboarders," a claim that the park denies. But the lawsuit filed on Andrew's behalf ran into a roadblock, namely the form his mother had signed. It contained a provision allowing him to sue only if the skate park "intentionally failed" to correct a hazardous condition or unsafe equipment.

Writing for the majority, Justice James Zazzali said that if the court upheld such waivers, "we would remove a significant incentive for operators of commercial enterprises that attract children to take reasonable precautions to protect their safety."

Zazzali said other state courts have upheld such waivers only when they involve nonprofit or volunteer organizations, not money-making operations. He added that New Jersey lawmakers have provided protection against lawsuits for volunteer coaches and charitable organizations, but not businesses.

"The operator of a commercial recreational enterprise can inspect the premises for unsafe conditions, train his or her employees with regard to the facility's proper operation, and regulate the types of activities permitted to occur," as well as buy insurance, Zazzali said. "Children, on the other hand, are not in a position to discover hazardous conditions or insure against risks."

Justices Jaynee LaVecchia and Roberto Rivera-Soto dissented, saying such a waiver would be enforceable against an adult and should be enforced against the youngster.

Here is a link to the opinion, Andrew Hojnowski, a minor v. Vans Skate Park. (Thanks to How Appealing.)

Posted by Marcia Oddi on July 18, 2006 08:16 AM
Posted to General Law Related