Legal Question in Personal Injury in Massachusetts

Re: liability waiver for child summer camp

Generally contracts that seek indeminfication for one's own negligence are void as against public policy.

But to advise you as to the enforcibility of the specific contract an attorney would have to read the specific contract.

Re: liability waiver for child summer camp

This is the world we live in, everyone is scared to death of being sued. Yes, it is legal to ask for a waiver in which you give up the right to sue for negligence. You might think the camp can now relax and now is free to be as negligent as they want secure in the knowledge if your child is injured you have no legal recourse. It would be better for the camp to have you sign a waiver that whatever injury happens, you will be limited to their liability insurance, but . . . that's not this case. You have a choice, keep your kid home or accept that if he is killed, paralyzed or injured you have no recourse. There is a very recent decision of the MA Supreme Judicial Court upholding a liability waiver for an after school cheerleading program, Sharon v. Town of Newton. I taught a graduate school course at Westfield State College in Sports Law and significant attention was spent on facilities and programs getting waivers. Until the legislature passes a law they are no good, this is the way it is. Interestingly, the legislature has outlawed waivers for parking garages (those tickets telling you if your car is stolen you can't sue) are no good, and also in the residential landlord tenant area they are void against public policy. But sports programs have special immunities plus waivers are legal. If enough people protest or don't sent their kid to camp maybe the camp would relent, or the legislature would pass a law. Good luck and sorry for the bad news. Regards, JBS