A cause of action for a child’s injury due to a personal water craft accident may be initiated by the parents of the child. However, if a child’s parents sign a pre-release agreement limiting the liable party from liability there may be an issue as to whether the agreement is binding. Although disfavored, exculpatory clauses that limit or exempt liability for negligence are enforceable, provided that the contract is between persons of equal bargaining power and the provisions are clear and unambiguous. However, such clauses must be clear and unequivocal. A preincident release is not effective to preclude an action based on the releasee's subsequent negligence unless the instrument clearly and specifically provides for a limitation or elimination of liability for such acts. Under Florida law, exculpatory provisions which attempt to relieve party of liability for his or her own negligence are generally looked on with disfavor, and Florida law requires that such clauses be strictly construed against party claiming to be relieved of liability. It is never presumed that a contract is intended to protect one against his or her own negligence. Therefore, the courts generally will hold that such was not the intention of the contract. The wording of an exculpatory clause in a release must be so clear and understandable that an ordinary and knowledgeable party will know what rights he or she is contracting away. When a contract is ambiguous as to the release of a party for its own negligence, the release is properly excluded from evidence. For example, a parent's pre-injury release of liability on behalf of minor child was unenforceable to exonerate the lessor of the personal watercraft from liability for injuries sustained by child in accident that occurred while minor was passenger on watercraft operated by the parent/lessee because it the release was determined to be ambiguous.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.