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As the school year begins, field trips and after school activities, including sports, are prevalent. Cities and towns will require, in most instances, the signing of a permission slip, which releases a school department from liability for negligence. Gross negligence cannot be waived or released but it is a much harder doctrine to meet should your child be seriously hurt in an accident.
The highest court of Massachusetts has unequivocally upheld the use of releases for activities in citing the public policy for making those activities readily available to children. See Sharon v. City of Newton, 437 Mass. 99 (2002) involving a cheerleader who had serious arm injuries but was barred from suing for negligence because of the parents’ signing “an exculpatory release”.
In the cost-benefit analysis and in our optimism, parents may feel that it is worth signing the release so that one’s child can participate. I understand that. I merely seek to point out that there are consequences which can follow in the unfortunate event of an accident.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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