Final update: H.B. 308 failed to pass.

H.B. 308 – Parental Waivers of Liability on Behalf of Minors
Sponsor: Rep. Kraig Powell

If you’re a parent, you’ve probably been in a situation where you’ve taken your child to take part in a recreational activity and been asked to sign a waiver of liability before your child will be allowed to participate.  The waiver you signed likely purported to disclaim your right to sue for damages in case of an injury sustained by your child due to the recreation service provider’s negligence.

You may or may not have been aware that the waiver you signed is unenforceable in Utah (and in many other states).  In 2002, the Utah Supreme Court, in the case of Hawkins v. Peart, 2001 UT 94, held parental waives of liability on behalf of minors to be unenforceable because they are against the public policy of the state:

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