Back on November 5, 2010, my colleague Matt Gardner discussed the Iowa Court of Appeals’ decision in Galloway v. State, where the Court held that it is against public policy to allow parents to waive the child’s legal rights to sue for damages against a third party. Essentially, the Court said that when parents sign a permission slip for their children, the slip cannot waive a third party’s responsibility to the child, noting that if the Iowa Legislature wants to change the law, they are free to do so.
Somebody in the legislature was listening, because House File 353 was filed yesterday. The bill provides that: “A parent of a minor child may, on behalf of the parent’s minor child, waive such minorchild’s prospective claim for negligence.” Matt’s blog lays out the policy behind the argument, now it remains to be seen which argument wins the day in the legislature.
Stay tuned for updates on this interesting and relevant legal issue as it works its way through the capitol.