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Let parents say what's safe, theme parks urge
Jason Garcia |Sentinel Staff Writer - March 18, 2009
Guest trainer Derrill Rothermich of El Paso, Texas, has his hands full
with Marion, an 8-year-old alligator, as Chris Costa assists Monday
during Gatorland's 'Trainer for a Day' program. Gatorland used to let
kids as young as 12 participate. A recent Florida Supreme Court ruling
spurred the park to limit the program to those 18 and older. (JOE BURBANK, ORLANDO SENTINEL)
Gatorland's
"Trainer for a Day" is the ultimate natural thrill ride: a two-hour
chance for guests to work alongside reptile trainers as they handle the
theme park's signature tenants.
It used to be open to children as young as 12. But in February, Gatorland made it an adults-only experience.
The move was among the earliest responses to a recent Florida Supreme
Court decision that parents do not have authority to sign away
children's right to sue before they take part in potentially dangerous
commercial activities.
The ruling has rippled across Florida's tourism industry, where many
operators such as Gatorland use pre-injury waivers to protect
themselves from lawsuits in case of accidents. The case has also
sparked a lobbying campaign in Tallahassee — backed by heavyweights
such as Walt Disney World, SeaWorld Orlando and the Florida Restaurant and Lodging Association — to get state lawmakers to overturn the decision.
But critics, led by the state's trial lawyers, say the measure now
being debated in the Capitol overreaches. If it is approved, they say,
it could protect even negligent recreational businesses that put
children in harm's way.
It is shaping up as an intense fight. A bill (HB 363) to reverse the
court ruling stalled Tuesday in Tallahassee after a protracted
committee hearing ended without a vote; it could be resurrected as soon
as Thursday.
"To me, as a parent, it's stripping us of our parental right," Mark
McHugh, president and chief executive officer of Gatorland, said of the
court decision. He added that his theme park raised the
trainer-for-a-day age limit to 18 or older rather than pay a sharply
higher commercial-liability-insurance premium. "It adds a layer of
liability to us, and it's just not worth it to take it on right now."
The controversy erupted in December, when the state Supreme Court ruled
in a case in which a father took his 14-year-old son to an
all-terrain-vehicle course near Okeechobee. The teen was thrown from
his ATV while attempting a jump; it landed on and killed him.
The father had signed a liability waiver on his son's behalf. But his
mother, who was divorced from the father, said she was unaware her son
was participating in the activity, and the boy's estate subsequently
sued the owners of the course.
In its ruling, the court said there is "injustice" when parents deprive
their child of legal relief when the child is then injured by someone
else's negligence. It also said waivers eliminate an incentive for
businesses to take safety precautions for minors.
Justices tailored their decision to apply only to commercial operators,
not community or school groups, which may be unable to afford insurance
and could lose volunteers scared away by the threat of substantial jury
awards. But the decision still has widespread implications.
Tourism officials say scores of businesses across the state, from
companies offering water-scooter rentals and snorkeling tours to sky
diving and wall climbing, depend on pre-injury waivers. They say many
nontourism operators are potentially at risk, such as youth camps and
sports leagues.
"I think what's most concerning is there is not a good distinction
between what the Supreme Court ruled is commercial and noncommercial,"
said Bill Lupfer, president of the Florida Attractions Association,
which represents smaller attractions across the state.
Some of Orlando's biggest players are affected. Walt Disney World
requires parents to sign legal waivers for their children for horseback
riding and boat rentals, among other activities. SeaWorld Orlando
requires them for Discovery Cove's
dolphin swims, other animal interactions and the "Xtreme Zone"
trampoline, among others. Both theme parks are now lobbying for the
bill to overturn the court decision.
"We are working with the different types of recreational-activity
providers to support the legislation," Disney spokeswoman Kim Prunty
said.
"Along with numerous sporting, school and entertainment entities, we
support the clarification this bill provides in defining that a parent
has the right to decide activities appropriate for their own children —
whether these be academically or socially focused pursuits, physically
rigorous activities, sports or an adventure vacation," SeaWorld
spokeswoman Becca Bides added.
A spokesman for Universal Orlando said the resort requires waivers only
for its Fear Factor Live attraction, which is open only to guests 18 or
older.
Foes of the bill say it will protect reckless businesses because parents could waive "any claim or cause of action."
Michael Haggard, incoming president of the Florida Justice Association,
the trial-lawyer trade group, said companies guilty of negligence could
sidestep lawsuits by requiring parents to sign a waiver. His group is
shopping language that would protect businesses against injuries caused
by the "inherent risk" of an activity — but not when the injury is
caused by negligence.
"If you're going horseback riding and a bee bites the horse, and the
horse, who's never bucked before, bucks and throws somebody off, you
shouldn't be responsible for that," Haggard said. "But if you put a
horse out there that you want to break in for its first ride, then
that's absolute negligence."
But business lobbyists say that won't help them, because plaintiffs
could claim negligence in any scenario. Even if the business ultimately
won a ruling that it was not negligent, it would still have to spend
tens or hundreds of thousands of dollars in legal fees, said William
Large, president of the Florida Justice Reform Institute, a business
group that pushes lawsuit restrictions.
"That's a cost that needs to be passed on to consumers," Large said.
Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 407-420-5414.
http://www.orlandosentinel.com/travel/attractions/orl-bizwaivers18031809mar18,0,6364092.story
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