Bill Text: IA HF353 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to a minor child's prospective claim for negligence.
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF353 Detail]
Download: Iowa-2011-HF353-Introduced.html
House
File
353
-
Introduced
HOUSE
FILE
353
BY
LOFGREN
,
L.
MILLER
,
HEATON
,
BYRNES
,
SANDS
,
KAUFMANN
,
GRASSLEY
,
J.
TAYLOR
,
JORGENSEN
,
ALONS
,
KELLEY
,
UPMEYER
,
and
HELLAND
A
BILL
FOR
An
Act
relating
to
a
minor
child’s
prospective
claim
for
1
negligence.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2466YH
(2)
84
rh/nh
H.F.
353
Section
1.
NEW
SECTION
.
613.16A
Parental
waiver
of
1
liability
on
behalf
of
minor
child.
2
A
parent
of
a
minor
child
may,
on
behalf
of
the
parent’s
3
minor
child,
waive
such
minor
child’s
prospective
claim
for
4
negligence.
However,
any
waiver
by
a
parent
of
a
minor
child’s
5
prospective
claim
against
a
person
or
entity
for
willful,
6
reckless,
or
grossly
negligent
behavior
shall
be
void
and
7
unenforceable.
8
EXPLANATION
9
This
bill
provides
that
a
parent
may,
on
behalf
of
the
10
parent’s
minor
child,
release
or
waive
such
minor
child’s
11
prospective
claim
for
negligence
as
long
as
the
claim
does
not
12
involve
willful,
reckless,
or
grossly
negligent
behavior.
13
In
Galloway
v.
State
(No.
08-0776,
filed
November
5,
2010),
14
the
Iowa
Supreme
Court
concluded
that
preinjury
releases
15
executed
by
parents
waiving
prospective
personal
injury
claims
16
of
their
minor
children
violate
public
policy
and
are
therefore
17
unenforceable.
18
-1-
LSB
2466YH
(2)
84
rh/nh
1/
1
