Maryland Court invalidates agreement that prevented family from seeking damages for child's traumatic injury
The Court of Special Appeals ruled this week that an exculpatory agreement created by a "commercial enterprise" executed by adults on behalf of a minor child are void and unenforceable as a matter of public policy.
Our Annapolis Maryland injury attorneys have years of experience representing those who have suffered catastrophic personal injuries caused by the negligence of others.
In Rosen v. BJ's Wholesale Club, No. 2861 September Term, 2009, the Court of Special Appeals overturned a Baltimore Circuit Court's finding that a pre-injury release agreement signed by a parent on behalf of her five-year old child fully released BJ's for all liability as a result of injuries suffered by the five-year old on a supervised play center at BJ's Warehouse.
When the family joined BJ's in July 2005, the father executed a release agreement involving the use of an indoor playground at BJ's called the "Incredible Kid's Club." The Club was a supervised drop-off point where members dropped off their children, while the adults shopped. Members' children were not permitted to use the play center unless the family signed a release containing exculpatory and indemnification clauses. The agreement read as follows: