Weed v. Sky NJ, LLC, No. A 4589-16, 2018 N.J. Super. Unpub. LEXIS 410, at *7 (App. Div. Feb. 22, 2018)

Liability waivers with binding arbitration provisions for minors are unenforceable if a non-guardian signs for the minor.

A minor visited a trampoline park with a friend’s parent who signed a liability waiver containing an arbitration provision for the minor. The minor sustained injuries at the park during this visit. The court determined that a non-guardian cannot bind a minor to an arbitration provision contained in a liability waiver. Recreational and leisure facilities that utilize waivers with arbitration clauses for minors should know that only a minor’s parent or guardian can bind the child to the arbitration provision.

 

Case Law Alerts, 2nd Quarter, April 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.