SCOTT V PACIFIC WEST MOUNTAIN RESORT - ERRONEOUSLY INVALIDATING PARENTAL RELEASES OF A MINORS FUTURE CLAIM

In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children 's future claims for personal injuries caused by a third party's negli gence. This Note argues that the court departed from Washington preced ent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children 's existing claims by failing to adequately analyze the differences be tween the two situations. This Note thus concludes that because parent s can already waive their children's causes of action in many situatio ns, they should be allowed to do so through preinjury releases.