Summer camps offer children unforgettable experiences, like exploring nature, building friendships, and learning new skills. But before the fun begins, parents are often required to sign a liability waiver. These waiver forms are often packed with legal language and fine print, leaving parents with many questions. Let’s break down the essentials of liability waivers under Michigan law, helping you make informed decisions about your child’s health safety at a Michigan summer camp.
Most Common Summer Camp Injuries
Our Michigan personal injury lawyers are contacted by parents of campers every summer seeking advice about camp injuries. The most common summer camp injuries include:
- Burn injuries from campfires and fireworks
- Traumatic brain injuries, concussions, and closed head injuries from falls
- Broken bones and fractures from sporting events and other activities
- Spinal cord injuries from falls, including from horseback riding
- Drowning and near-drowning incidents in lakes and rivers
- Food poisoning and carbon monoxide poisoning
- Animal bites and snake bites resulting in infections
- Medication errors and mistakes
- Death from boating accidents, falling trees, and vehicle accidents
What Is a Liability Waiver?
A liability waiver, sometimes called a “release form,” is a legal document that aims to protect organizations, like summer camps, from being held liable if a participant is injured during activities. By signing, parents acknowledge the inherent risks involved in camp activities and agree not to hold the camp responsible for certain injuries or damages.
In general, parent liability waivers are unenforceable in Michigan. The rational is that children have their own legal rights that cannot be explicitly waived even when signed by a parent or legal guardian. Permitting this would be unfair to a child who would forfeit legal rights without court supervision or permission.
Which Liability Waivers Can be Enforceable in Michigan?
In Michigan, the answer depends on what type of camp your child is attending:
- Nonprofit camps: Parents can legally sign a waiver for their child if the camp is run by a nonprofit organization, such as a church camp or a community organization. These waivers are generally enforceable in a very limited capacity if the camp is not-for-profit and the waiver was properly written. A signed waiver does not release the camp if the injury was not an inherent risk of the activity itself or if the injury was caused by negligence of the summer camp.
- For-profit camps: Camps that operate as for-profit businesses do not get the same legal protection as nonprofit camps. The Michigan Supreme Court ruled that parents cannot waive their child’s right to sue if the injury was caused by negligence.
So even if you sign a waiver, it may not hold up in court if the camp’s negligence led to the injury.
When a Waiver Does Not Cover the Camp
Even if you have signed a waiver, the camp can still be held responsible in certain situations:
- Negligence: If a camp fails to provide adequate supervision, maintain safe facilities, or follow safety protocols, and this failure leads to injury, the camp may be considered negligent.
- Gross Negligence or Intentional Misconduct: Waivers generally do not shield organizations from a severe lack of care or intentional harmful actions.
- Poorly Written Waivers: If the waiver is confusing, overly broad, or does not explain things clearly, a judge might not enforce it at all.
The Bottom Line on Summer Camp Signed Liability Waivers
While liability waivers are common in summer camp registrations, they are not absolute shields against legal responsibility. Understanding the specifics of the waiver in Michigan can help you protect your child’s rights.