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HOJNOWSKI v. VANS SKATE PARK, New Jersey Superior Court, Appellate Division, Decided March 10, 2005
This court says that the lack of a statute that authorizes a parent to sign a release for a minor causes the release to be void and that such releases render meaningless the usual protections afforded minors. Plaintiffs Andrew Hojnowski, a minor, and his parents, Jerry and Anastasia Hojnowski, appeal from an order of the trial court dismissing without prejudice the personal injury complaint filed by the parents on behalf of Andrew and themselves against Vans Skate Park (properly known as Vans, Inc.) to permit an arbitration to take place under rules established by the American Arbitration Association (AAA). On appeal, plaintiffs argue that the pre-tort release signed by Anastasia Hojnowski on behalf of her son, which contains an arbitration provision as well as a limitation of liability, is not enforceable against the son. Its enforceability against the parents is not raised as an issue.  

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