Global Travel Marketing, Inc. v. Shea

In Global Travel Marketing, Inc. v. Shea, 908 So. 2d 392 (Fla. 2005), the father brought a wrongful death action against a safari operator for the death of his son who was mauled by hyenas while on the safari. 908 So. 2d at 395. Before the safari, the child's mother signed a travel contract on behalf of herself and her son, which included a release of liability and an arbitration agreement provision. Based on the travel contract, Global Travel moved to stay the proceedings and compel arbitration of the father's claim, which the trial court granted. Id. On appeal, the Fourth District reversed and found the arbitration clause unenforceable as to the child based on public policy grounds. Id. at 396. However, the Court quashed the Fourth District's decision and found the arbitration agreement enforceable against the minor or minor's estate in a tort action arising from the contract. In doing so, the Court reasoned that if the courts required parents to seek court approval before entering into travel contracts that included arbitration agreements, courts would be second guessing a fit parent's decision. Id. at 404. The Court emphasized that parents who decide which activities their children can participate in may also decide on behalf of their children "to arbitrate a resulting tort claim if the risks of these activities are realized." Id.