Legal Question in Real Estate Law in Louisiana

''Protection''

I puchased a skateramp for my child .Is a written consent enough from anthor childs parent to protect us from being sued in case of an accident?


Asked on 12/25/03, 6:52 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: ''Protection''

You've received good advice from Mr. Morton. Remember, a person cannot sign away his right to damages caused by another person's negligence.

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Answered on 12/28/03, 4:32 pm
James Morton Taggart Morton

Re: ''Protection''

A written consent from another child's parents may discourage the other child's parents from suing you, but is unlikely to be an absolute bar. If it can be argued that you were in any way negligent with regard to the skateramp (construction, landing area, lack of supervision, etc.), it could allow some creative plaintiff's lawyer to find a cause of action to bring against you, and set aside the consent (i.e. I didn't consent to the negligence of the parents who had me sign this consent).

It's not a perfect world and my best advice is that if you allow someone other than your children to use this skateramp, that in addition to getting the other parent's to sign a consent, you make sure that your homeowner's insurance is up to date and that it covers a suit that might be filed due to an injury that occurs on the skateramp to either one of your children or one of their friends. If it doesn't cover that type of claim, then you should be aware that you are taking some risk in letting others use the skateramp.

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Answered on 12/26/03, 10:52 am


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