Equine Law Blog

• Courts nationwide cannot agree on whether a child’s parents can effectively release away a child’s right to sue.  If some states are unwilling to allow even a parent to release a child’s right to sue for negligence or other liabilities, don’t expect courts to allow someone with a lesser familial relationship to accomplish the same thing.
• Babysitters, family friends, and non-parental relatives are insufficiently close to a child, in the eyes of the law, to contract on that child’s behalf.  An exception might exist if the child is under a legal guardianship.
• “Legal guardians” are typically people who have been granted by a court of law legal authority to care for another person (the other person, such as a child or a person under some form of legal incapacity or disability, is called a “legal ward”). A mere friend of the family — without receiving a “guardian” designation from a court of proper jurisdiction or in a legally proper way — does not qualify.

Conclusion

Where allowed by law, have a valid liability release on file applicable to the child.  And, where allowed by law, require all visitors who enter your facility’s premises to have a properly worded release of liability on file.