Legal Question in Personal Injury in California

Waiver of Liability for a kid's Summer Day Camp
I'm registering my son for a summer camp this year and they mailed me a registration form that included a waiver of liability. It says that I agree not to hold the city or the camp responsible for any injuries my son may acquire. Am I legally required to sign such an agreement? What if my son is injured due to neglect? Would I have no recourse in such an event? Please help!

Asked on 6/22/00, 4:31 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Waiver of Liability for a kid's Summer Day Camp

This is what is known in the legal world as an exculpatory clause which attempts to limit ones liability. Most exculpatory clauses are enforcable, except in instances of gross negligence. The camp has a duty of due care with regards to the children and cannot exculpate themselves from liability for gross negligence by such a clause, especially since they are essentially caring for a minor child in their care. If your child were to lets say break a leg while playing sports than in my opionion the camp could not be held liable, but lets say that due to lack of supervision a child drowns in a pool, or is molested, well you get the picture. I would inquire into the camp to see what level of supervision the camp has, to protect your child, not for a potential future lawsuit!! There are many instances where that clause would not limit the camps liability if something were to happen. To many to contimplate.

Answered on 9/01/00, 7:22 am

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