Operators of youth sports and recreational activities in Michigan can breathe a bit easier after the passage of a new state law last week. Under the new law, a waiver signed by a parent or guardian before their child participates in a sport or activity is a valid waiver of claims if the child is injured while participating in the sport or activity.
In 2010, the Michigan Supreme Court ruled that even if a parent signed an activity waiver for their child, the parent could still bring a lawsuit against the activity provider if the child was injured while participating in the activity. See Woodman v Kera, LLC, 486 Mich 228, 785 NW2d 1 (2010). Prior to Woodman, if a parent had signed a pre-injury waiver, the case would typically be dismissed based on the waiver.
After Woodman, the Michigan Legislature began working on various bills to overrule this decision. Last week, Public Act 61 of 2011 was signed into law. The new law allows a parent or guardian to sign a pre-activity waiver on behalf of a minor, releasing a person or organization[1] from liability for injury sustained by the minor while participating in the activity. Of course, if the activity sponsor or organizer acts negligently, that person or company may still be liable for their negligent act.
What does this mean for your business?
- If you provide sports or recreational activities to minors, you should use a waiver form specific to the risks inherent to the particular sport or activity. Contact our firm or another attorney if you need assistance with this.
- Make sure that you have all parents/guardians sign a waiver on behalf of each child participating in the sport or activity before they begin participating.
- Ensure that all employees are properly trained and properly conducting the activity. If an employee is acting negligently, the employee and/or your business can still be liable for any injuries that occur.
Please do not hesitate to contact us if you’d like more information about this!
[1] Section (2) of the statute specifies that it only applies to “a recreational activity sponsored or organized by a nongovernmental, nonprofit organization.” This covers a wide range of providers, but that means the law does not apply to a for-profit company or to a government body.
This article was written by Melissa L. Demorest, Associate at Demorest Law Firm.
