Aquatic Park Requires Three Year Old To Sign A Child Liability Waiver March 13, 2009

I can see the aquatic parks statement  now,  ” I’m sorry little three year old.   I should have told you that there was going to be a shark in the dolphin exhibit.  I wish there was something I could do to help you, but I don’t have to.    See, you drew me this little happy face on the liability waiver I had you sign.   I hope you come back to see us real soon.”

I recently took my three year old daughter to a Central Florida aquatic park for her birthday.  This park has a dolphin exhibit and sells tickets to children who are older than three to have various interactions with the dolphins.   We made our reservations well ahead of time and my little girl was very excited to pet and feed the dolphins.    When the big day arived and we got to the park the employee that was siging us in and taking our money handed my two liability waivers. 

As an attorney, I expected to see a waiver of liability form for this type of activity.    Businesses are always trying to have their customers sign away legal rights in an effort to insulate themselves from lawsuits at a later date.    This liabilty waiver form was a litte different.  I filled out all of the identifying information and read the content of the waiver.   (I strongly recommend that everyone actually read what they are signing.  It seems obvious, but a great number of people sign away valuable legal rights by simply signgin papers when asked.)   After the place for my signature, there was a place for my child’s signature.   At first, I smiled, could they really want my three year old daughter to sign a liabilty waiver?   

My daugher amazes me every day with her intellegence.  I am positive that she says and does things every day that put her well above the curve of a three year old child’s mental ability and development.   I am also positive that my three year old daughter cannot read, nor can she write.    I am not aware of any three year old who can read and write let alone comprehend a liability waiver.  

Underneath the space for my three year olds signature there was a writing that indicated that every child participant must sign regardless of age.   My initial reaction of humor mixed with confusion soon took a turn to disgust.   I asked the employee how she expected my three year old to sign her name when she could not read or write.   She said, “Oh just have her draw me a picture.”    This facitlity wanted my three year old to make some sort of mark on its liabilty waiver that indicated that she read and comprehended the waiver and that her “picture” indicated that she was waiving her legal rights in the event that something terrible happened in the encounter.  

The Florida Supreme Court recetly dicided the case of Kirton v. Fileds (SC07-1739) where it found that parental waivers were invalid and found these waivers to be against public policy.   The Kirton case provides an incentive for child activity providers to maintain a safe environment for their children customers.   Protecting children always is in our communities best interest.  If these businesses know that there will be repercussions if they fail to maintian their businesses in a safe condition for our children, then they will be more likely to take the necessary precautions to keep our children safe.   Owners and operators of business should be held accountable to protect Central Florida’s children from harm due to neglect or worse conduct. 

There is currently a proposed bill in the Florida Legislature  that would negate The Florida Supreme Courts decision in Kirton v. Fields.   If this bill is passed then parents would be permitted to waive any future causes of action agaist activity owners and operators.   I am amazed that the Bill is even proposed, but it would be a travesty if it passed.   

If parents  are permitted to sign liabilty waivers on behalf of their children, then our chidren would be less safe.