Attractions battle to allow waivers
Today, some attractions offer potentially risky entertainment which could impose a threat of injury while engaged in the activity. Some examples are Universal's Fear Factor and Gatorland's ultimate thrill ride which introduce elements of risk to the participants.
As guest trainers help handle alligators at Gatorland, younger children can find themselves at risk with these potentially dangerous animals. In a measure to protect themselves, Gatorland has restricted the ultimate natural thrill ride to those 18 or older.
Florida's supreme court recently ruled that parents should not be able to waive a child's rights of liability when put in harm's way. This was a watershed victory across the tourism industry that used pre-injury waivers to protect themselves from lawsuits in the case of an injury.
The concern with the current bill before the state's trial lawyers is that it may protect negligent businesses that put children at risk. Gatorland's decision to only allow adults into the ultimate experience will avoid sharply higher commercial-liability insurance premiums.
Case in point, a child was injured in an all-terrain-vehicle course near Okeechobee resulting in a law suit. The father signed a waiver for his 14-year-old to participate in the ride when the all terrain vehicle fell on him killing him. Later, the divorced mother stated that she did not have knowledge of her sons activities then suing the owners.
Without waivers, businesses will have no incentive to be more responsible for their rides not withstanding the rights of children that are denied by parents.
As guest trainers help handle alligators at Gatorland, younger children can find themselves at risk with these potentially dangerous animals. In a measure to protect themselves, Gatorland has restricted the ultimate natural thrill ride to those 18 or older.
Florida's supreme court recently ruled that parents should not be able to waive a child's rights of liability when put in harm's way. This was a watershed victory across the tourism industry that used pre-injury waivers to protect themselves from lawsuits in the case of an injury.
The concern with the current bill before the state's trial lawyers is that it may protect negligent businesses that put children at risk. Gatorland's decision to only allow adults into the ultimate experience will avoid sharply higher commercial-liability insurance premiums.
Case in point, a child was injured in an all-terrain-vehicle course near Okeechobee resulting in a law suit. The father signed a waiver for his 14-year-old to participate in the ride when the all terrain vehicle fell on him killing him. Later, the divorced mother stated that she did not have knowledge of her sons activities then suing the owners.
Without waivers, businesses will have no incentive to be more responsible for their rides not withstanding the rights of children that are denied by parents.
posted by michael at
7:59 AM
