Troshak v. Terminix International Co

In Troshak v. Terminix International Co., 1998 U.S. Dist.(E.D. Pa. July 2, 1998), a federal district court held that a pre-injury arbitration agreement by a parent on behalf of a minor child was unenforceable in a personal injury suit subsequently brought by the minor. Attempting to discern Pennsylvania law in a case of first impression, the federal court relied on two previous federal district court decisions holding that there is no authority for parents to execute a pre-injury release of liability on behalf of a minor child. Extrapolating from these cases, the court concluded that "if a parent cannot prospectively release the potential claims of a minor child, then a parent does not have authority to bind a minor child to an arbitration provision that requires the minor to waive their right to have potential claims for personal injury filed in a court of law."