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Release Forms (Waivers) Unenforceable Says Iowa Court

Iowa Supreme Court has ruled a 19-year-old who was injured on a field trip in 2005 can proceed with her negligence lawsuit because the release forms signed by her mother are unenforceable.

The then 14-year-old was on a field trip to Milwaukee with a youth program called Upward Bound and organized by the University of Northern Iowa and the state of Iowa.  The students had to cross a busy street in the middle of a rainstorm without order or supervision and as the young girl got off the bus, she was hit by a car. 

In overturning a lower court’s decision, the court stated, “We believe a strong policy in favor of protecting children must trump any competing interest” to nullify a child’s personal injury claim.  The lawyer for the young girl argued “a parent can’t waive the potential negligence of a person or party” to whom they are releasing custody of their children and the person who is negligent in caring for the children can’t stand behind a waiver which signs the children’s rights away. 

The state argued ruling the liability waivers unenforceable could impact opportunities for children to participate in field trips and that public policy weighs in favor of releases.  The court acknowledged there is valid policy supporting waivers for adults, but believed strong public policy favoring protecting vulnerable children needs a different rule. 

When her first attempt at filing a lawsuit was turned down by the lower court because of the waiver, she argued to the higher court that parents are “ill-equipped” to know in advance all the risks of injury their children may face when the releases are signed. 

The high court agreed.

Waivers Unenforceable

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Posted by 4:48 pm

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