Contact Sports release
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How much "muscle" does a release for contact sports hold? As we all know, throughout Florida, (the parents) of students engaging in contact sports are required to sign releases of liability. Even businesses are attempting to force our client to sign away their rights. Are these releases valid and can they really hold up?
Case law holds that these clauses that limit liability are enforceable only to the extent that the intention to be relieved of liability was made clear and unequivocal in the contract and the wording must be so clear and understandable that an ordinary person will know what he is contracting away. Just because you or your child may be injured in a contact sport, don't let the release deter you from filing a claim. In order for the release to be enforceable, the release must clearly indicate what risks are assumed and would not be interpreted to include losses resulting from a defendant's negligence unless it is clear that the plaintiff so intended.
A case of interest in Florida dealt with a boxing match in which a child sustained brain damage as a result of injuries from a promotional boxing match and the court indicated that although he had signed a release he could still recover damages in excess of 11 million dollars. The facts of this case indicated at trial - some witnesses testified that within seconds into the first round, the injured person got hit and fell through the ropes, thereby hitting his head on a wooden stage located next to the ring. The court indicated that the release could not bar the plaintiff's suit because under the agreement the plaintiff only assumed the inherent risks of the boxing match, and therefore, only released liability for injuries personally anticipated from his voluntary participation.
The enforceability of these releases will vary on a case by case basis; however, do not let defendants off the hook simply because you've signed a release