Dr.

Jennifer Smith’s Accounting 568-01W “Business Law for Accountants”

Week 7 Homework

Case Brief: Galloway v. Iowa

Facts:
In July of 2005 Taneia Galloway, then 14 years old, went on a field trip to Milwaukee,
Wisconsin organized by the University of Northern Iowa and the State of Iowa. Galloway was
injured when she was hit by a moving car when she attempting to cross the road. As a pre-
condition of participation on the feld trip, Taneia’s parent did sign a release, waiving personal
injury claims.

Procedural History:
The district court granted the State's motion for summary judgment. The court ruled that the
release signed by the parent resulted in an enforceable waiver of the personal injury claim.
Ruling was appealed.

Issue:
In advance of remote school based activities, are parents truly able to assess, the nature and
potential risks of injury that their children face? Without detailed knowledge of the risks on the
field trip, does this make the waiver unenforceable?

Decisions (Holding):
Upon appeal the Supreme Court of Iowa reversed and remanded the case.

Reasons:
The Supreme Court of Iowa ruled that the waiver of personal injury claims in regard to minor
children violated public policy. The Supreme Court of Iowa reasoned that a strong public policy
existed that favored the protection of children's legal rights. The court noted that an adult signing
a waiver for their own regard is entirely different, as they are able to sense the risk in an activity,
and cease the activity if too risky. But a minor child does not have that same ability to judge risk
and is at the mercy of the supervising adults. The court also noted that the consequences of ruling
the waiver unenforceable, would not effect educational activities organized for youth nor the
organizing parties’ ability to get insurance coverage for the activity/field-trip.