I've written quite a bit recently about parental release forms, and their effect on personal injury cases in Florida. A recent case from Florida's Fourth District Court of Appeals has certified the following question as one of great public importance, "Whether an indemnification agreement executed by a parent agreeing to indemnify a commercial activity provider for its own negligence in causing injury to the parent's child is enforceable?"
The court in Claire's Boutiques, Inc. v. Locastro, 85 So.3d 1192 (Fla. 4th DCA 2012) attempted to answer this question, and felt it necessary to send this issue to Florida's Supreme Court to resolve. In the Claire's Boutiques case, Mrs. Locastro brought her thirteen year old daughter to the store to have her ear pierced. After her piercing, the daughter had an infection which caused permanent disfiguration of her ear.
Mrs. Locastro signed a release form indemnifying Claire's Boutiques from any injury to her daughter. Evidence was presented that the piercing technician used a non-sterile pen to mark the child's ear, and that the technician did not wash her hands prior to the piercing.