****JavaScript based drop down DHTML menu generated by NavStudio. (OpenCube Inc. - http://www.opencube.com)****
Parental-waiver bill clears another hurdle in Florida House
By Jason Garcia
Sentinel Staff Writer - March 24, 2009
A controversial bill backed by Walt Disney World and SeaWorld Orlando cleared another hurdle in the Florida House of Representatives this morning – barely.
The legislation, which would ensure that parents can sign pre-injury waivers on behalf of their children, was approved by the House Civil Justice & Courts Policy Committee on a seemingly lopsided, 8-1 vote. But that came only after the panel narrowly rejected a measure sought by the state's trial lawyers that Disney and other businesses fiercely oppose.
That language would allow parental waivers to stand up in court only in cases of "inherent risk" – such as when someone hits their head while maneuvering on a rock-climbing wall. But it would not permit them in cases where a business is negligent – an employee fails, for instance, to correctly tighten a wall-climber's harness.
Business lobbyists say that provision would allow plaintiffs to claim negligence in any injury – forcing a business to spend money on legal costs that the waivers are designed to avoid. An attempt to insert the language into the bill (HB 363) failed on a tight voice vote.
Disney uses pre-injury waivers for horseback riding and boat rentals, among other activities. SeaWorld uses them in its Discovery Cove dolphin swims, among others.
Committee members did make some changes to the bill. One amendment makes it clear that liability waivers can't protect businesses in cases of illegal actions and another says that waivers have to be clear and concise.
Boosters were hoping to avoid any changes to the original legislation, but Rep. Mike Horner, the Osceola County Republican sponsoring the House version, said he was satisfied with the extra provisions. "I don't want a parent to get a 10-page packet that is written in legalese," Horner said.
Trial lawyers said the changes don't change the fact that the measure, if passed, could shield even negligent operators from lawsuits. "Any lawyer can draft a release in theoretically clear and unequivocal language," said incoming Florida Justice Association President Michael Haggard.
The House bill still has one more committee stop before it reaches the floor. The Senate version gets its first hearing Wednesday morning.
