Nanny State?
A recent ruling by the Florida Supreme Court may (emphasis on "may") cause some difficulties
with junior regattas in Florida. The phrase "commercial activity" is probably central to this.
Sponsored events? Who knows. Score one more for the nanny state. From Autoracing1.com.
Court ruling could be crushing blow for auto racing in FL Parents cannot waive the right of a
child injured in a commercial event to file lawsuits, the Florida Supreme Court ruled earlier this
month.
The ruling may have a significant impact on auto racing, particularly its junior classes, which is
designed to feature kids as young as 6 years old, in go-karting. For most purposes, Florida law
defines children as anyone under 18.
The December 11 ruling stems from a May 10, 2003 accident involving a 14-year-old boy who
was killed while jumping an ATV at an off-road motorsports park. The child’s father had signed a“release and waiver of liability, assumption of risk, and indemnity agreement,” according to the
ruling. However a representative of the child’s estate stepped forward and filed a lawsuit for
wrongful death against the park’s operators.
A majority of the Florida Supreme Court justices said, in ruling that the lawsuit could go forward,
that the waiver signed by the father is “unenforceable.”
