Legal Question in Personal Injury in Maryland
We own a karate studio and during a freak accident the mirror fell off the wall and broke, cutting a students finger. Although I do feel for the kid, it was just a freak thing and no one was being negligent. We run classes out of this building, but are not named on the lease. The mother now wants free tuition for a year. If we give her tuition, is that admitting fault? Can a document be drawn up where in exchange for free tuition she can't sue us? Or is that not a legally binding contract?
2 Answers from Attorneys
First of all, in your student enrollment contract you should have an all claims release, whereby the enrollee agrees that you can't be sued for these kinds of accidents. MD courts have upheld these agreements, albeit primarily with adults, and it may not be binding on a minor. Unless the kid's finger was really badly hurt, it seems like a year's tuition is quite a generous concession. The other problem with doing this is that while you can draw up a release that contains no admission of fault, if the amount of the settlement exceeds $5000 in value the child as a minor wouldn't be bound by it, and could bring suit up until his or her 21st birthday, unless you got court approval and set up a trusteeship.
Want is the extent of the injury? This is the pivotal issue with how you address this matter. Contact me to discuss.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
