The Supreme Court of Michigan recently confirmed that waiver and release documents signed by parents on behalf of their children are unenforceable in that state of Michigan. In Woodman v. Kera (2010) 2010 WL 2471902, a five year old boy was injured during his birthday party, which was being held at an indoor facility containing inflatable play equipment. Prior to his injury, the boy’s father signed a liability waiver on his son’s behalf. After the trial court level enforced the waiver as to some of the plaintiffs’ claims, the Court of Appeal reversed, holding that the waiver and release document could not be enforced pursuant to longstanding Michigan common law, which does not allow parents to waive or release prospective claims on behalf of their children. The Supreme Court affirmed the appellate court’s ruling on similar grounds.
Of note is the lengthy “dissenting” opinion submitted by Justice Stephen Markman. Justice Markman concurred with the majority opinion and took the position that the waiver should not be enforced under the circumstances, but only because he believed that the language of the waiver was deficient. Justice Markman opined that Michigan’s common law did not preclude the Supreme Court from enforcing the waiver. In fact, it appears that if Justice Markman had authored the majority opinion, the waiver would have been enforced.
This decision is significant in that it confirms that minor’s waiver documents cannot be enforced in Michigan.
Yes this means pit areas and young drivers.
I found it interesting Justice Markman found the waiver not enforceable because "language" in the waiver was deficient. Is it worth it to a track owner to take on this type of risk? I am sure many track owners are asking this question before the 2011 season starts. As a former racer and track employee I have seen the good and bad of having minors involved in racing.
The good comes from drivers like Johnny VanDoorn, Rusty Schlenk, Josh Slade and Nathon Walton to name a few. They all were very good race car drivers at a very early age. They became this way not just because of their physical skills inside the car, but they had parents who were there for every lesson to be learned. Those lessons included how to act in the pits, the stands and most importantly out on the racetrack. Their parents fully understood the dangers involved and put their children in safe race cars and equipment.
On the bad side you do get some youngsters who have no respect for anyone out on the track. They treat it like the local go-cart facility where if you can spin someone it is OK as long as an employee did not see it. Many times these youngsters don't last long. The learning curve that sometimes a good night of racing means you’re able to load it on the trailer at the end of the night takes time for some. Having to make major repairs because you missed on a setup and drove over your head becomes no fun to the person footing the bill.
Racing needs youngsters like 14-year-old Chase Elliot to keep its young fan base going. When a conversation came up to cut a Young Gun class by a former owner I worked for, I told him it would be a great mistake. If you want to keep any sport growing it starts with young people. Have you ever seen who shows up for Little League Baseball, Youth Soccer, and Youth Football, games? It is not unusual to see parents, grand parents, aunts, uncles, and cousins there to watch. This is a positive for track owners. The gate revenue and pit revenue generated for young drivers is easily more than double of what a track owner pays out for this class.
The negative side is the liability involved when it comes to youngsters and everything they do. Society has changed. We live in a “sue happy” culture. People know a good lawyer with any crack in case will get them some type of settlement. Track owners have to weigh some very tough decisions. Do the pros outnumber the cons?
My biggest concern regarding youngster involved in racing has always been in the pit area. It is a fact that more injuries happen in the pit area than out on the track. It is irresponsible of race teams to let children run around the pit area unattended. My personal belief is specific pit pass should be given for children under sixteen. If a child is seen alone in the pits with out an adult who has an adult pit pass they should lose their pit pass privileges and have to go to stands.
What the future holds will be interesting to say the least.
There is a interesting Facebook group site called: ”We support racing liability waiver and release” Check out some of the interesting thoughts and commentary from the racing community.
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