## Facts

- Andrew Hojnowski, age twelve, was injured while skateboarding at a for-profit indoor skate park operated by Vans, Inc.
- As a condition of entry on a prior visit, Andrew’s mother signed an admission document on his behalf containing (1) a pre-injury release of Vans’s negligence liability and (2) an agreement requiring arbitration of claims.
- Andrew’s injury occurred when another skateboarder allegedly forced him off a ramp, fracturing his femur.
- Before the accident, Andrew’s parents complained to Vans personnel about the other skateboarder’s aggressive behavior and alleged inadequate supervision and control.
- The family sued, asserting negligence-based claims including negligent supervision, failure to warn, and failure to provide a safe place.

## Issues

1. Whether public policy permits a parent to execute a pre-injury exculpatory release waiving a minor child’s future negligence claims against a commercial recreational facility.
2. Whether a parent may bind a minor child to an agreement requiring arbitration of future tort claims.

## Decision

- The Supreme Court of New Jersey held that a parental pre-injury release waiving a minor’s negligence claims against a commercial recreational operator violates public policy and is unenforceable.
- The Court held that a parent may bind a minor to an agreement to arbitrate because it selects a dispute-resolution forum rather than extinguishing substantive rights.
- The Court affirmed invalidation of the liability waiver and affirmed enforcement of the arbitration clause, compelling arbitration of the claims.

## Legal Principles

- New Jersey public policy protects minors’ tort rights; parents generally may not extinguish a child’s prospective personal-injury claims in advance of an injury.
- Pre-injury exculpatory clauses relieving a party from its own negligence are disfavored, particularly where physical safety is implicated and the clause shifts injury costs away from a commercial enterprise.
- Commercial recreational providers are better positioned to bear and insure accident costs; allowing parental waivers would improperly transfer the financial consequences of injuries to the child and family.
- Arbitration agreements are enforceable when they do not waive substantive rights but instead designate the forum for resolving disputes, consistent with New Jersey’s strong policy favoring arbitration.

## Conclusion

New Jersey barred commercial recreation providers from enforcing parental pre-injury negligence waivers against minors, while permitting enforcement of parental arbitration agreements because arbitration changes the forum for adjudication without eliminating the minor’s underlying cause of action.


Hojnowski v. Vans Skate Park, 187 N.J. 323, 901 A.2d 381 (N.J. 2006)