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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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After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...
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Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...
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I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...
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