Legal Question in Personal Injury in Ohio

Filed Trip Liability

For the last few years, our school system has allowed the Senior class to take a trip to Disney World in Florida to participate in Grad Night celebration. This year, the administration decided that it was to much of a liability & wouldn't take the students as a ''school sanctioned event''. The School Board will support a ''Parent sponsored'' trip. If a group of parents decide to take students on the trip, is there any kind of form that we can have the parents sign before we leave stating that they won't hold the chaparones responsible for any thing that may go wrong? The reason that the school board won't sanction the event is because of the ''liabiltiy'' factor. Thank you.


Asked on 10/16/02, 7:53 pm

3 Answers from Attorneys

Joseph Burke Law Office of Joseph T. Burke

Re: Filed Trip Liability

I would suggest a basic release and waiver.

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Answered on 10/17/02, 8:43 am
Joseph Jacobs Jacobs & Lowder

Re: Field Trip Liability

We can work up a basic release and waiver. I would have to charge you $1-200 for an hour or so of my time. Call me directly if you wish:

Joe Jacobs 216-952-1990 216-227-0900

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Answered on 10/17/02, 3:13 pm
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Re: Filed Trip Liability

The parents of the children authorized to go on the field trip can execute releases that would be valid so long as the parents that serve as chaparones do not act in a reckless or wanton manner exposing the children to an unreasonable risk of harm or injury. If the children are 18 they can also be asked to sign the release. It is important that any parents that serve as chaparones check with their homeowners insurance carriers as there may be liability coverage in the event of an injury to a child under the supervision of the chaparone. Also, the school board may have liability insurance that would apply unless there is a specific exemption in the policy. Generally, as long as the parent acts in a reasonable manner and supervises responsibly, the liklihood of liability attaching to anyone in the event that a child is injured due to unforeseen acts by that child that could not have been prevented little chance exists that the parent would be held liable. Also if a child causes injury to a third party, it is unlikely that the parent would be responsible for the acts of the child if supervision was appropriate and injury occurs anyway. Also Ohio law limits the responsiblity of a parent for injury caused by a minor child to a specific limited dollar figure. Thus with a proper release signed by the parents of the children and the children, if over 18 and with the above safeguards there is little to be concerned about. Hope this helps. Releases or waivers can be drafted by most attorneys for a reasonable sum.

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Answered on 10/17/02, 4:53 pm


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