Signed Release Forms Don’t Halt Personal Injury Claim

The Chicago Tribune reported on November 5, 2010, that a personal injury claim can be pursued to the benefit of a Waterloo teenager that was injured during a field trip, even though her mother signed release forms beforehand.

The Iowa Supreme Court ruled on Friday that waiving the rights to personal injury claims, as a condition of participation, violates public policy and are unenforceable. 

The court said, "We believe a strong policy in favor of protecting children must trump any competing interest to nullify a child's personal injury claim."

The ruling opens up the path for Taneia Galloway, now 19, to pursue a negligence lawsuit in Black Hawk County District Court.

Ryan Beattie, Galloway's attorney, expressed his pleasure with the court's ruling and said, "If you commit a negligent act when you're watching a kid, you can't stand behind a waiver that signs the kid's rights away.  A parent can't waive the potential negligence of a person or party they're releasing their kids into custody with."

Geoff Greenwood, spokesperson for Iowa Attorney General Tom Miller, argued that if the liability waivers were all unenforceable that it could impact participation for young people.  But, he stated, "We respect the court's decision."

In 2005, a bus trip was organized by the University of Northern Iowa, and the state of Iowa, for children in a youth program called Upward bound.  Galloway, then 14, was struck by a car as she exited the bus onto a crowded street.  She sustained knee and other injuries.

Beattie said, "They had to cross this busy street in the middle of a rainstorm without any kind of order or supervision."

Galloway's mother had pursued the lower court in a lawsuit and they dismissed the case as they found that the permission forms and medical authorizations she had signed - absolving the program, the university and the state of Iowa from any liabilities - to be binding.

The appeal says that parents "are ill-equipped" at knowing all of the risks that may befall their children during a field trip when they are just handed a release form and asked to sign. 

The state sited arguments to show that public policy is in favor of enforcing releases.

The court has stated that there is validity in supporting the weight of release forms - in regards to adults.  But, in regards to children the court said, "We believe that strong public policy favoring the protection of vulnerable minor children demands a different rule here."

The court also stated that the "fear of dire consequences is speculative and overstated."

Two judges that dissented, Chief Justice Marsha Ternus and Justice Mark Cady, said that the issue was a question for lawmakers, not judges, to decide.

If you or your child has been the victim of an accident, whether or not you signed a release form, click here to contact a personal injury lawyer in our directory to learn what your rights are.