Legal Case: Do Parents Have the Right to Release Their Child's Right to Sue?

$25.00
You might think it obvious that a parent can act on his or her minor child’s behalf to release the child’s right to sue. We have had several courts ruling on this issue recently. The trend appears to be “no, they cannot.” However, some courts have carved out a distinction between “commercial” and “non-commercial” entities in determining who is more worthy of protection and thus, whether a parent can release these rights on behalf of their child. The North Carolina Court takes this path in our latest case offering. What do you think? Is the distinction valid?

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Recreation Law Center Individual Subscription - All Cases

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  • SubscriptionLength:
    365
  • ProductSummary:
    The Recreation Law Center is a unique service from OutdoorEd.com. Two of the most respected figures in outdoor recreation law, Reb Gregg and Catherine Hansen-Stamp are your guides through their presentation of critical legal cases impacting the outdoor education, recreation and adventure field. Stay on top of key legal and risk management issues through your access to The Recreation Law Library.
  • Subscription Start Date:
    11/25/2011 5:00:00 AM
  • Subscription End Date:
    11/25/2012 5:00:00 AM

The Recreation Law Center is a unique service from OutdoorEd.com. Two of the most respected figures in outdoor recreation law, Reb Gregg and Catherine Hansen-Stamp are your guides through their presentation of critical legal cases impacting the outdoor education, recreation and adventure field. Stay on top of key legal and risk management issues through your access to The Recreation Law Library.

Keep focused on Current Legal Issues

  • Recreation Law Library subscribers have full access to the complete library of outdoor recreation case law studies focusing on critical legal issues with commentary and take away points written by Reb Gregg and Catherine Hansen-Stamp.
  • New Library Cases added by Reb Gregg and Catherine Hansen-Stamp will expand your understanding of legal issues in outdoor recreation.

Cases Available at The Recreation Law Center Library

  • Understanding the Work Product Doctrine: Are your Records Protected?
  • Can Parents Sign Releases for Minors – The State Says "No"
  • Minors: When are they Old Enough To Know Better?
  • Do Parents Have the Right to Release Their Child's Right to Sue?
  • Sports, Negligence, and Inherent Risks—Who Owes What Duty to Whom?
  • Product Recalls: Does a Product Recall Mean a Release "Recall?"
  • Issues Involving Your Duty of Care—Where Does it Begin and End?
  • Inherent Risk "No Duty Rule" Made Simple. Finally!
  • Contracting Between Premises Owners and Outside Organizations for Property Use – Think Ahead!
  • Use of Volunteer Leaders—Are you asking for Help...or Trouble?
  • Does Your Release Cover the Activities You Expect it to Cover? Maybe Not
  • Employee or Independent Contractor? The Difference Really Matters!
  • Duty to Supervise or Assumption of Risks? Courts Search for a Middle Ground
  • Climbing Wall Employee and Client Agree to Break the Rules -- and a Court Upholds the Release
  • Underage Minor Suffers Injury after Misrepresenting Age to Gain Access - Who Is Responsible?
  • Negligence as an Inherent Risk? What’s Going on Here?
  • Arbitration Clause in Release – "Unconscionable and Unenforceable"
  • Court Finds ADA Discrimination...Is Your Organization Prepared?
  • Releases of Liability – Lessons Learned
  • Harness Misuse – Who’s to Blame?
  • Are you offering a Product or a Service? It Makes a BIG Difference
  • Releases and Contract Law – the Nuts and Bolts Really Matter
  • Electronic Releases of Liability – What's the Scoop?
  • Parents Can't Sign pre-injury Releases for Their Children? Who Thought They Could?
  • Insurance—Are You Really Covered?
  • Release of Liability for Negligence – A Trend Away from Enforceability
  • Is there a Duty to Respond to Medical Emergencies—or Not?

Preview Case available: Participant Agreements Containing a Release of Liability

Reb Gregg: Reb is a practicing attorney in Houston, Texas, specializing in issues of outdoor recreation and education law. He has served as President of the Houston Bar Association. Reb serves on the Board of Directors of the Student Conservation Association (SCA), on the Wilderness Risk managers Committee, and on the Accreditation Council of the Association for Experiential Education. He consults with and serves as counsel to numerous outdoor adventure and education programs, including summer camps, secondary schools, challenge courses and outfitters. He serves as general counsel to the Association for Challenge Course Technology and served for many years as counsel to the National Outdoor Leadership School. He is a frequent speaker and writer on subjects important to the industry.

Catherine Hansen-Stamp: Catherine is an attorney in private practice in Golden, Colorado. She consults with and advises recreation and adventure providers and product sellers and related organizations on recreation and adventure law, liability and risk management issues. Cathy speaks and writes frequently on these issues, both regionally and nationally. Cathy’s clients include recreation, adventure and sport programs and providers, camps, private schools, outfitters and guides, science schools, adventure product sellers, ropes and challenge course builders and facilitators, resort developers and others. Cathy graduated in 1981 from The Colorado College (Colorado Springs, Colorado), and received her Juris Doctor degree from the University of Wyoming (Laramie, Wyoming) in 1985. She is a member of both the Wyoming and Colorado Bar Associations.

Cathy and Reb have collaborated on a variety of writing and presenting in the adventure and recreation industry. Cathy & Reb co-chaired the first four CLE, International conferences on Recreation & Adventure Law & Liability held in Colorado 2003 – 2006. They have spoken for many years at the Wilderness Risk Managers’ Conference, the American Camp Association (ACA) National Conference and numerous other industry events. They contribute articles regularly to the ACA Campline. Cathy and Reb were the former Editors of the Outdoor Recreation & Adventure Law Quarterly, published by The Outdoor Network from 2001 – 2004.

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Reb Gregg

Reb is a practicing attorney in Houston, Texas, specializing in issues of outdoor recreation and education law. He has served as President of the Houston Bar Association. Reb serves on the Board of Directors of the Student Conservation Association (SCA), on the Wilderness Risk managers Committee, and on the Accreditation Council of the Association for Experiential Education. He consults with and serves as counsel to numerous outdoor adventure and education programs, including summer camps, secondary schools, challenge courses and outfitters. He serves as general counsel to the Association for Challenge Course Technology and served for many years as counsel to the National Outdoor Leadership School. He is a frequent speaker and writer on subjects important to the industry.

Catherine Hansen-Stamp

Catherine Hansen-Stamp

Catherine is an attorney in private practice in Golden, Colorado. She consults with and advises recreation, adventure and sport program providers and product manufacturers/sellers and related organizations on law, liability and risk management issues. She speaks and writes frequently on these issues, both regionally and nationally. Catherine’s clients include camps and outdoor programs, public and private schools, outfitters and guides, dude ranches, science and environmental programs, ropes and challenge course builders and facilitators, adventure product manufacturers/sellers, resort owners, competitive event sponsors and others. She graduated in 1981 from The Colorado College (Colorado Springs, Colorado), and received her Juris Doctor degree from the University of Wyoming (Laramie, Wyoming) in 1985. She is a member of both the Wyoming and Colorado Bar Associations.

Cathy and Reb have collaborated on a variety of writing and presenting in the adventure and recreation industry. Cathy & Reb co-chaired the first four CLE, International conferences on Recreation & Adventure Law & Liability held in Colorado 2003 – 2006. They have spoken for many years at the Wilderness Risk Managers’ Conference (WRMC), the American Camp Association (ACA) National Conference and numerous other industry events. They contribute articles regularly to the ACA Campline. Cathy and Reb were the former Editors of the Outdoor Recreation & Adventure Law Quarterly, published by The Outdoor Network from 2001 – 2004. Reb and Cathy have been writing cases for The Recreation Law Center since 2009.


All material on The Recreation Law Center is Copyright of Reb Gregg, Catherine Hansen-Stamp and Outdoor Ed LLC. All rights reserved.


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