As our clients gear up to reopen in Kentucky, we are getting requests for waivers from some of our clients to shift the risk from our clients to consumers. In theory, this works well, but because of Miller v. House of Boom, a Kentucky Supreme Court Case from June 2019, pre-injury liability waivers on signed by parents on behalf of children are unenforceable.
What does this mean? Should you still get a waiver? In my opinion, yes. We have a belt and suspender approach to these waivers that we believe will help your company protect itself from economic loss. However, we recommend strongly that business owners have discussions with their insurance agents about getting coverage for these types of issues, especially daycares, private schools, summer camp programs, and other places where parents take their children for recreation during the time of COVID.
There is a tremendous amount of uncertainty in the marketplace right now. If you would like to discuss options, please do not hesitate to contact us for a free consultation. We are doing our best to be generous with free consults during this time because we truly desire to help people get back on their feet in this wild world we find ourselves in together.