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