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FEATURED, JASON GARCIA, NEWS BY JASON GARCIA ON APRIL 20, 2010 AT 7:00 AM
UPDATED (10:10 a.m.): The Florida Legislature this morning unanimously approved a watered-down version of a measure sought by Walt Disney World and other tourism interests that allows parents to sign pre-injury releases on behalf of their children.
The legislation (SB 2440), approved on a 114-0 vote, is designed to overturn a December 2008 state Supreme Court ruling that invalidated parental waivers, which have long been used by businesses around the state that cater to children. That court-ruling sparked a two-year battle between the business lobby and plaintiffs lawyers about whether to restore such waivers and how much protection they should afford companies.
Lawyers argued that businesses should not be protected from lawsuits in accidents where their negligence has contributed to a childs injury. But businesses contended that waivers that do not protect against negligence are essentially useless, because lawsuits always allege negligence, even if none exists.
Lawmakers ultimately sided with the trial lawyers. It was part of a broader compromise dictated by Republican legislative leaders in which businesses were instead granted much stiffer protections from lawsuits stemming from slip-and-fall accidents.
State Rep. Mike Horner, R-Kissimmee, who represents a tourism-heavy district near Disney World, acknowledged on the house floor that he was disappointed with the final product.
Weve all heard the expression that half a loaf is better than no loaf. This bill is certainly not a whole loaf. Its not even half a loaf. Its kind of like a slice of week-old bread, Horner said. Still, he added, This is a first step.
UPDATED (10:10 a.m.): The Florida Legislature this morning unanimously approved a watered-down version of a measure sought by Walt Disney World and other tourism interests that allows parents to sign pre-injury releases on behalf of their children.
The legislation (SB 2440), approved on a 114-0 vote, is designed to overturn a December 2008 state Supreme Court ruling that invalidated parental waivers, which have long been used by businesses around the state that cater to children. That court-ruling sparked a two-year battle between the business lobby and plaintiffs lawyers about whether to restore such waivers and how much protection they should afford companies.
Lawyers argued that businesses should not be protected from lawsuits in accidents where their negligence has contributed to a childs injury. But businesses contended that waivers that do not protect against negligence are essentially useless, because lawsuits always allege negligence, even if none exists.
Lawmakers ultimately sided with the trial lawyers. It was part of a broader compromise dictated by Republican legislative leaders in which businesses were instead granted much stiffer protections from lawsuits stemming from slip-and-fall accidents.
State Rep. Mike Horner, R-Kissimmee, who represents a tourism-heavy district near Disney World, acknowledged on the house floor that he was disappointed with the final product.
Weve all heard the expression that half a loaf is better than no loaf. This bill is certainly not a whole loaf. Its not even half a loaf. Its kind of like a slice of week-old bread, Horner said. Still, he added, This is a first step.
