Woodman v. Kera LLC

I concur in full with Justice HATHAWAY and with parts I, II, and 111(A) of Justice Young’s opinion. I write separately to touch on parental indemnity agreements in the context of liability waivers involving children. Justice YOUNG takes the position that a defendant can circumvent the unenforceability of a parental preinjury liability waiver simply by entering into a separate indemnity agreement with the parent. In footnote 74 of his opinion, he states:

I note that, even without a change in the common law rule, defendant has alternatives for reducing its liability. For example, defendant’s…