Kirton v. Fields

Summary

The Supreme Court of Florida held that a parent may not execute a pre-injury release that binds a minor child or the child's estate in a tort action arising from participation in a commercial activity. The court answered the certified question in the negative, approved the Fourth District Court of Appeal's decision, disapproved Lantz v. Iron Horse Saloon, Inc., and remanded the case.

Holdings

1. A parent does not have authority to execute a pre-injury release on behalf of a minor child when the release concerns participation in a commercial activity; the release is unenforceable against the minor or the minor's estate in a tort action arising from injuries sustained in that activity.
2. Section 744.301(2), Florida Statutes, does not authorize a parent to execute a pre-injury release because it applies when a minor already has a cause of action and permits settlement of that existing claim within specified limits; a pre-injury release occurs before any cause of action accrues and extinguishes potential claims.

Questions Presented

1. Whether a parent may execute a pre-injury release that binds a minor child's estate and waives the child's future tort claims arising from participation in a commercial activity.
2. Whether section 744.301(2), Florida Statutes, authorizes a parent to execute such a pre-injury release on behalf of a minor child.

Disposition

reversed_and_remanded