Are Waivers Enforceable Against Family Members?

Posted on August 5, 2009 by Kristine Meredith

Waivers signed by parents, releasing liability for future negligent acts committed against minor children in recreational and related settings, are generally enforced by judges in California as discussed here. Interestingly, a clear majority of courts in other states have held that a parent may not release a minor's prospective claim for negligence.

And when the victim is an adult family member who dies participating in an activity for which he signed a waiver, those who can bring a lawsuit on his behalf will also likely be bound by the waiver.
 

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What Compensation may be Awarded for the Death of a Family Member?

Posted on June 26, 2009 by Kristine Meredith

When you lose a family member, the loss feels immeasurable. But for your family’s claim, it’s important to think about all of the ways your life has been affected. The law permits the family of a victim to be compensated for loss of support, services and companionship.

 

Loss of support (the amount that the victim would have provided to you after his death):

  • income
  • retirement benefits
  • gifts
  • rent
  • transportation
  • food
  • health care
  • tuition
  • entertainment

Loss of services:

  • household duties which may range from piano lessons to mowing the lawn
  • personal service, advice, training
  • Funeral and burial expenses

Loss of companionship

  • love
  • care
  • assistance
  • protection
  • affection
  • society
  • moral support
  • sexual relations

Unfortunately, you cannot be compensated for your . . .

  • grief
  • sorrow
  • mental anguish.

 

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Who Can Sue for the Death of a Family Member?

Posted on June 22, 2009 by Kristine Meredith

Only certain family members are allowed to sue for the death of a loved one. Under California law, the following are allowed to sue:

  • Victim’s spouse – Always
  • Victim’s registered domestic partner – Always
  • Victim’s parents – Only when the victim left no spouse or children, or when the parents were finanically dependant on the victim
  • Victim’s stepchildren – Only when the stepchildren were financially dependant on the victim
  • Victim’s children – Always
  • Victim’s adopted children – Always
  • Unrelated children in victim’s care – Only if the child lived with the victim for the 180 days before the victim’s death and was financially dependant on the victim.
  • Victim’s brothers & sisters – Only when the victim left no other relatives with a right to sue.  

The following can never sue

  • Victim’s unregistered domestic partner
  • Victim’s ex spouse, even when dependant on the victim
  • The victim’s “common-law” spouse. 
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