Earlier, I described what the Florida Statutes entail regarding Parental Release forms. It is important to note that even if the parental release form includes all of the appropriate language, as set forth in the statute, the release may not fully protect the commercial activity provider if a minor child suffers an injury.
Including this language in a parental release form only creates a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity.
This presumption may be rebutted by the claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity.
Once that legal hurdle has been overcome, the claimant must still establish by a preponderance of the evidence that the commercial activity provider is liable, and that compensatory damages should apply.