Hojnowski v. Van Skate Park
New Jersey Supreme Court
901 A.2d 381 (2006)
Twelve-year-old Hojnowski (plaintiff) was injured at a skate park operated by Vans (defendant) after his mother signed a release, required for entry, waiving negligence claims and requiring arbitration of injury claims; Hojnowski's parents had already complained to Vans about an aggressive skateboarder before Hojnowski fractured his femur when that skateboarder forced him off a ramp. After Hojnowski sued for negligent supervision, Vans demanded arbitration and the trial court enforced both the arbitration clause and the release, dismissing the suit; the appeals court upheld arbitration but invalidated the release, and both sides appealed further.
Whether a parent may generally contractually waive liability for injury to a minor child at a commercial recreational facility.