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FL H0285

Bill

Status

Introduced

10/29/2009

Primary Sponsor

Janet Adkins

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Redefines "nonspectator" in motorsport liability law to include minors whose natural guardians have signed a motorsport liability release on their behalf.

  • Establishes that motorsport liability releases signed by natural guardians for minors participating in sanctioned motorsports events are valid to the same extent as releases for other nonspectators.

  • Authorizes natural guardians to waive claims for injuries and property damage arising from inherent risks in commercial activities, with a rebuttable presumption that compliant waivers are valid.

  • Requires waivers to include a specific notice statement in uppercase type at least 5 points larger than surrounding text, warning guardians that their child may be seriously injured or killed and explaining the waiver's effect.

  • Specifies that to overturn the presumption that an injury arose from inherent risk, a claimant must demonstrate by clear and convincing evidence that the cause was not an inherent risk of the activity.

Legislative Description

Liability Releases

Last Action

Placed on Special Order Calendar; Substituted CS/SB 2440; Laid on Table, companion bill(s) passed, see CS/SB 2440 (Ch. 2010-27) -HJ 00745

4/19/2010

Committee Referrals

Criminal & Civil Justice Policy Council2/9/2010
Civil Justice & Courts Policy11/13/2009

Full Bill Text

No bill text available