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Kirton v. Fields (Fla. 2008)

Articles Discussing Case:

Pre-Injury Releases Now in Question in Florida.

Fisher Phillips • January 13, 2009
A recent Florida Supreme Court decision leaves more questions than answers when it comes to the enforceability of pre-injury releases executed by parents on behalf of a minor child who participates in school-sponsored activities. In the decision released on December 11, 2008, the Supreme Court held that a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity. But the Supreme Court left open the possibility that, despite differing policy considerations, its reasoning may apply to pre-injury releases involving school or community activities.