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Parents May Not Waive Child’s Claim for Possible Injuries

Parents May Not Waive Child’s Claim for Possible Injuries

Parents May Not Waive Child’s Claim for Possible Injuries

Michigan court says it has no authority to uphold waiver; concurring judges call for change in the law
The Court of Appeals of Michigan has reluctantly ruled that it has no authority to uphold a parent’s pre-event waiver of claims for his 5-year old child’s injuries at his birthday party. Reviewing the changing law among the states, the Court said it is inconsistent to provide that a parent may not unilaterally settle a claim for actual damages but may waive a claim in advance of participating in the activity that causes the injury. ( Woodman v. Kera, LLC, d/b/a Bounce Party, No. 275079, 8/12/08.) A child broke his leg when he fell from a slide at his “bouncy party” birthday party. His father had signed a form waiver of claims before the event, but his mother sued anyway, for negligence,...

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