New Hampshire has long followed a fairly straightforward rule that if you sign a waiver of liability then it is enforceable against the one that signed it. These waivers can prevent any claim for negligence against places like amusement parks, trampoline parks, or even zip line ropes courses when someone gets injured. In contrast, we also know that children cannot sign their own contracts, as they are minors. So what happens when I sign a waiver for my child at one of these parks?
These are important questions, especially for the summer months when parents are looking for activities to keep their children busy and engaged while out of school. In New Hampshire, the first case was McKenna v. American Institute for Foreign Study and the judge in that case ruled any waiver signed by a parent could not be enforced against their child. This was a federal court case. The court reasoned primarily that since a parent could not release liability of another without Court approval (aka the minor settlement process under Rule 40 of the NH Superior Court), then it makes little sense to conclude the parent can waive liability.
The most recent case was from Hillsborough Superior Court where a child was injured in a chair lift accident. This case was called Perry v. Southern NH Development (aka Crotched Mountain). The Court invalidated the waiver saying a parent could not waive a child’s legal rights without court approval. Thus, the Court invalidated the waiver and allowed the child to proceed with their injury claim for negligence against the ski resort.
Waivers can generate confusing results for some, as adults can waive any claims they might bring at these facilities with limited exceptions. So, a theoretical outcome could be, a child and parent both get injured at a ski resort and only the child can bring a claim. This is because the parent signed a release for themselves and their child, and only the one the parent signed can be enforced.
If you were injured and signed a waiver for yourself or your child, contact the experienced attorneys at PMM Law and we can help you determine whether your claim can proceed.
We have to locations to serve you:
25 Nashua Road Suite C5, Londonderry, NH 03053. The phone number is (603) 434-6331.
137 Main Street, P.O Box 669, N. Woodstock, NJ 03262. The phone number is (603) 745-8600.
Rory Parnell is a graduate of Southern New Hampshire University and New England Law – Boston. Rory worked full-time, for the then Law Offices of Parnell & McKay, every year he was in law school, and has been working at Parnell & McKay and then Parnell, Michels & McKay since 2002. Rory has been a partner at the firm since 2017, and dedicates his practice primarily to civil litigation.
Rory has been admitted to the New Hampshire and Massachusetts Bar Associations since 2011, and is licensed to practice in the United States District Court of New Hampshire. Rory works primarily in the areas of Injury (including motor vehicle collisions, motorcycle collisions, slip and falls, dog bites, trip and falls, and other injuries), Workers Compensation, Real Estate Litigation, Landlord/Tenant, Disability, and General Litigation areas.
Awards and Recognition's:
2021 Forty Under 40 Honoree from the Union Leader
2020 Pro Bono Distinguished Service Award
2017 New Hampshire Bar Foundation -Robert Kirby Award
2014 Pro Bono Rising Star Award
L. Jonathan Ross Award Winner for 2024
Professional and Charitable Affiliations:
Member – New Hampshire Association for Justice
Member – Massachusetts Academy for Trial Attorneys
Member – Queen City Rotary Club
Vice Chair – 603 Legal Aid
President – The Bridge Project (501c3)
Member – Daniel Webster-Batchelder American Inns of Court
Member – NH Bar Lawyer Referral Service Committee