dodgerbum67
New Member
I have legal joint custody of my two daughters with their mother in California where we live. They live in a different city and county than I do. According to the FCS, I have the right and responsibility to make decisions for my daughters.
Last year, my ex-wife signed up my oldest daughter for the junior lifeguards in the city they live in. As part of the application, she signed a release waiver absolving the city of any responsibility should my daughter suffer an injury while in training with the lifeguards. As fate should have it, she suffered an injury: she cut herself on the foot with a broken glass bottle as she was picking up trash off the beach and carrying the broken glass bottle it in a plastic bag. I had no problem paying my share of the medical expenses incurred to stitch her foot up. What I was unaware of was the release of liability waiver my ex wife signed. I requested a copy of the release form from the city. I inquired with the city program and they said they were not responsible to repay any of the medical expenses I (we) had incurred because that was the deal by my ex wife signing the waiver. In fact, the waiver cleared them (city) from any responsibility for any injuriy, and injury due to negligence on their behalf. Additionally, should my daughter cause the city, program, or property any damage, the city could sue the parents (me) to recover all damage costs and attorney fees they incur. For a community/city which prides itself on the beachfront it holds, I felt this was an unfair way to treat it's people.
Anyhow, I brought this up to my ex wife, and she was alright with signing the waiver. My worst night mare is what if my daughter was to suffer a bigger injury or even death and the city claims it's not responsible? What if my daughter was to have an accident and cause the city to suffer a great loss of property? It seems that I would not be able to seek repayment for damages from the city, or I could end up getting sued to pay for damages and attorney fees, all because my ex wife signed the release waiver.
Is there anything I can do to protect myself in a situation like this, other than not allowing my daughter to join the junior lifeguards?
DodgerBum67
Last year, my ex-wife signed up my oldest daughter for the junior lifeguards in the city they live in. As part of the application, she signed a release waiver absolving the city of any responsibility should my daughter suffer an injury while in training with the lifeguards. As fate should have it, she suffered an injury: she cut herself on the foot with a broken glass bottle as she was picking up trash off the beach and carrying the broken glass bottle it in a plastic bag. I had no problem paying my share of the medical expenses incurred to stitch her foot up. What I was unaware of was the release of liability waiver my ex wife signed. I requested a copy of the release form from the city. I inquired with the city program and they said they were not responsible to repay any of the medical expenses I (we) had incurred because that was the deal by my ex wife signing the waiver. In fact, the waiver cleared them (city) from any responsibility for any injuriy, and injury due to negligence on their behalf. Additionally, should my daughter cause the city, program, or property any damage, the city could sue the parents (me) to recover all damage costs and attorney fees they incur. For a community/city which prides itself on the beachfront it holds, I felt this was an unfair way to treat it's people.
Anyhow, I brought this up to my ex wife, and she was alright with signing the waiver. My worst night mare is what if my daughter was to suffer a bigger injury or even death and the city claims it's not responsible? What if my daughter was to have an accident and cause the city to suffer a great loss of property? It seems that I would not be able to seek repayment for damages from the city, or I could end up getting sued to pay for damages and attorney fees, all because my ex wife signed the release waiver.
Is there anything I can do to protect myself in a situation like this, other than not allowing my daughter to join the junior lifeguards?
DodgerBum67
