Supreme Court on Releases update

Florida Supreme Court weighs use of release forms
By Derek Simmonsen

Thursday, June 12, 2008

The death of a teenager at an Okeechobee motocross park landed at the Florida Supreme Court on Wednesday as the justices grappled with the question of whether release forms signed by parents for dangerous activities are legal in Florida.

Attorneys on both sides acknowledge the case could have broad implications for any business that offers risky activities, such as water sports and motocross, to children. The high court didn't issue any immediate rulings, but instead is expected to make a decision in the coming months.

The case was brought by the estate of Christopher Jones, a 14-year-old boy who died in an ATV accident in May 2003 at the now-defunct Thunder Cross Motor Sports Park in Okeechobee. The boy's father, who was divorced and had custody, signed a release form waiving the child's right to sue for damages.

After the death occurred, the boy's mother Bette Jones, who didn't know her son was riding ATVs, filed a wrongful death suit against the park claiming the owners were negligent. The trial court dismissed the case because of the release form, but the 4th District Court of Appeal reversed, finding there was nothing in state law that allows a parent to waive all legal rights on behalf of a child.

Because the decision conflicted with another appeals court case, the matter ended up before the justices.

Attorney Richard Lee Barrett, who represents the former park manager and other motocross parks in the state, argued that because the Legislature hasn't banned the use of prerelease forms, there is an unstated right of companies to use them. He said Florida law allows parents to make the general decision on behalf of their children on whether to sue and said it wasn't a stretch to allow parents to sign releases that waive legal rights.

"The underlying decision of whether to subject your child to the court system, whether to file the lawsuit at all, lies solely with the parent," he said.

Justice Barbara Pariente, who at one point said she had a "visceral reaction" against the forms, worried the court might be encouraging carelessness by allowing all types of releases and questioned whether it wouldn't be better to ban the releases unless the Legislature specifically allowed it.

"How are we to do something if the Legislature hasn't acted one way or the other?" asked Pariente at one point.

Chief Justice R. Fred Lewis questioned whether Barrett wasn't asking for a "limitless rule" that would apply to any type of thrill-seeking activity no matter how dangerous, such as climbing into a pen of snakes and playing with them. Barrett said the releases wouldn't be valid for an illegal activity, but for anything else parents ultimately have sole discretion on what activities their children do.

Attorney Bard Rockenbach, who represents the mother, argued that while parents can waive certain rights of their children, they can't waive the basic right to file a lawsuit in the first place. Courts are required to approve settlement amounts above $15,000 involving children, a recognition that the state sometimes steps in to protect the rights of minors, legal briefs on behalf of the mother have argued. However, Florida law also allows parents to sign medical release forms for their children and to waive their right to a jury trial, electing for arbitration instead, indications that parents do have certain rights over their offspring.

The justices noted the case seemed to be a conflict between the rights of parents and the interests of the state in protecting children.

May 10, 2003: Christopher Jones, 14, dies at Thunder Cross Motor Sports Park in Okeechobee after falling during a jump and having his ATV land on him

Jan. 4, 2005: The estate of Jones files a wrongful death lawsuit on his behalf

Dec. 15, 2005: The circuit court grants a motion for summary judgment because the boy's father signed a release form

Aug. 8: The 4th District Court of Appeal reverses the decision, saying nothing in Florida law allows a parent to waive those legal rights for a child

June 11: The Florida Supreme Court hears oral arguments in the case.

'