August 2012 Archives

August 31, 2012

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:

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August 29, 2012

Woman sues Dallas Cowboys for third-degree burns

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A Dallas woman sued the Dallas Cowboys earlier this month after she allegedly suffered third-degree burns on her buttocks after sitting on a black marble bench outside Cowboys Stadium prior to an August 2010 scrimmage.

Our Annapolis Maryland injury attorneys have years of experience representing Plaintiffs who have been injured as a result of negligence involving an individual or business' duty to warn of a known danger.

The Complaint, which was filed in Tarrant County, Texas, alleges that that the Cowboys and team owner Jerry Jones were negligent in failing to warn Plaintiff Jennelle Carrilo of the danger of sitting on the bench that was exposed to the exceptionally hot August sun either by posting a sign or roping off the bench to prevent individuals from sitting.

The injury occurred on August 10, 2010, which had a high temperature of 101 degrees in Dallas. Plaintiff alleged that she did not realize the burns until she stood up to use the restroom.

Upon realizing she was injured, the Plaintiff left the stadium to go to Huguley Memorial Medical Center, where she was initially diagnosed with first-degree burns. Several days later, however, she began to feel dizzy and experience significant pain. She returned to the hospital where she was diagnosed with third-degree burns. She has since required skin graphs.

The Plaintiff has demanded a jury trial.

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