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The Woodman Case
The parental liability waiver has long been the accepted release form for an organization hosting activities for minors from day camp to travel sports, but a recent case in the Michigan Supreme Court could change all that.
The case, Woodman v Kera LLC, involved a five-year-old child who broke his leg by falling off an inflatable slide at a birthday party held in a commercial Bounce Party facility. The judges of the Michigan Supreme Court noted that a parent or guardian has no authority to bind his child by contract (absent special circumstances). A parental pre-injury waiver is a contract, and Michigan?s common law rule is that a minor lacks the capacity to contract for his or herself. The court also held that it is clear a minor cannot empower an agent or attorney to act for him or her in Michigan.
November 1, 2010 Copyright 2010© LRP Publications |
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May not be reproduced in any form without written permission.
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