Maryland High Court Sides Against Parents, Upholds Liability Waiver, in Case involving 5 Year Old Seriously Injured in Store's Play Area
The Court of Appeals of Maryland, Maryland's Highest Court, recently handed down a landmark decision in the field of liability waivers and negligence lawsuits concerning injured minors.
The case, BJ'S WHOLESALE CLUB, INC. v. Rosen, Md. Ct. App. (2013), dealt with a scenario every parent dreads. In the case, plaintiff had signed a consent form/liability waiver, waiving any potential future negligence claims and indemnifying the store, on behalf of his minor children, which allowed them to play in the free supervised area of a BJ's store, while their parents shopped.
Some 15 months after the waiver was initially signed, plaintiff's five year old son fell off of a play structure animal, and hit his head on the floor, which was concrete covered with a thin layer of carpeting. As a result, he suffered a head injury, which ultimately required a craniectomy for evacuation of the epidural hematoma that developed.