Florida legislature passes waiver liability bill

As part of an effort by tourism outfits including Walt Disney World, a bill meant to reinstate parental waivers of liability against theme parks and other businesses offering potentially hazardous recreation unanimously passed the house on Tuesday morning.  The bill (SB 2440) was also passed by the senate in late March.

The bill was designed to overturn a Florida Supreme Court ruling from two years ago that invalidated parental liability waivers, although the waivers had long been used to protect businesses that accommodate minors.

The legislation, however, offers little protection for businesses.  In instances where negligence is claimed, the waiver would not act as a protection.  The bill will only act as a defense in claims when injury is a result of inherent risk.

The passage of this bill is just a small part of a larger picture painted by Republican leaders that looks to offer more rigid protection from lawsuits that are a result of these inherent risks.


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