Search Site
Menu

Is Participation worth Permission?

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form