Pre-Injury Releases for Minors Revisited

The Michigan Supreme Court issued a decision last Friday that closely mirrors a ruling by the Florida Supreme Court. The issue at hand dealt with pre-injury release waivers for minors, and again, that state Supreme Court reinforced the rights of minors to seek recourse for injuries that were caused by negligence or misconduct. Ed White of the Associated Press has these details:

“The court said Michigan’s 133-year-old common law, which is law rooted in the court’s previous decisions, prevents a parent from entering a contract restricting the rights of a child.

The case involved a 5-year-old boy at a birthday party who broke his leg after jumping down an inflatable slide at Bounce Party, an indoor recreation center near Grand Rapids in western Michigan.

Trent Woodman’s mother sued Bounce Party’s owner, Kera LLC, claiming it failed to properly supervise children and was negligent. The boy didn’t get a pad to move down the slide as the manufacturer required, the family said. “

Commercial business owners have the responsibility to meet a standard of safety throughout their offered services. The liability waivers that many parents sign for their minor children have not only covered inherent risks of activities (such as the natural dangers of whitewater rafting), but also instances of negligence and employee misconduct. Businesses and corporations cannot hide behind pre-injury release waivers to shield them from the responsibility to maintain a safe environment for their consumers.

We have previously written an extensive posting regarding Florida’s specific ruling and statutes, and we strongly suggest you read it over before you sign a waiver for your child. At Perenich The Law Firm, we fight for the rights of those who have been hurt or killed through the negligence and irresponsibility of others. Safety measures and laws meant to protect our children are not optional, and businesses that seek to shirk their responsibility deserve no place in our society.