Thursday, March 17, 2011

would you sign this form? part 2

We finally heard back from the lawyer about the form. She said we had every right to have qualms about signing it.  She also said that there is a limit to what this form can cover. Meaning that while my husband and I might sign our rights away for being able to sue the City of Seattle that doesn't mean our son couldn't sue them. Of course he's 3 years old so that would be an interesting thing to see done.

The lawyer also suggested that we could try striking this particular passage from the form:
I have spoken with the Minor about the dangers of the activities and the fact that the Minor could—for a variety of known, unknown, foreseeable and unforeseeable reasons, including negligence of the City of Seattle, its employees and volunteers, officers and agents—be seriously injured. In extreme cases, such injuries could include permanent disability, paralysis or even death (―risks‖).

And then sign the form and see if that is okay with the city officials. There is no way any three year old could understand what is being said in the above paragraph. 

My big issue with this form is it is for a preschool. I would completely understand if I had to sign this form for say jumping out of an airplane, going river rafting or climbing Mount Everest with a mountaineering club. Those activities all are a calculated risk, going to preschool is usually not.

Our next step is to contact the superintendent of the parks department and ask why this form is park of a preschool's paperwork. I am pretty sure that if we were to inspect all the play equipment, bark, facilities and sidewalks we would find many things actually not up to code. They would probably have to shut down the entire park the preschool is located in.

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