In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children's future claims for personal injuries caused by a third party's negligence. This Note argues that the court departed from Washington precedent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children's existing claims by failing to adequately analyze the differences between the two situations. This Note thus concludes that because parents can already waive their children's causes of action in many situations, they should be allowed to do so through preinjury releases.
Scott v. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases of a Minor's Future Claim,
68 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol68/iss2/9