Abstract
Recreational opportunities are a valuable source of income, tourism, and excitement in Utah. However, those who provide these activities often have difficulty securing reasonable and affordable liability insurance, and thus often require preactivity waivers of liability from their customers, both adults and children. This Note examines the Utah Supreme Court's recent decision in Hawkins v. Peart, in which the court invalidated a parent's preactivity release of liability on behalf of her child and an indemnity provision in a contract with a trail riding company. Parts II through V of this Note review the court's decision and analysis. Part VI analyzes the court's use of a public policy exception to invalidate parental preactivity releases and indemnification clauses. Part VII examines alternative policies embodied in Utah law and viable options for deciding this issue. Part VIII looks at the likely impact of this decision in Utah, including the possibility of limited recreational opportunities for children, decreased tourism for adventure act.
Recommended Citation
Dominic, Brian A.
(2002)
"The Children Must [and the Timorous May] Stay At Home: Hawkins v. Peart,"
Utah Law Review: Vol. 2002:
No.
3, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2002/iss3/7