New Michigan Court of Appeals Decision: Major Win in Knaack v. Auburnfly

If your family has been affected by unsafe conditions, injury waivers, or negligent practices, Marko Law is here to help. We fight for justice every day, and we’re ready to stand by your side. Learn more in our latest post.

New Michigan Court of Appeals Decision: Major Win in Knaack v. Auburnfly

At Marko Law, we’re proud to share another milestone victory with the recent Court of Appeals opinion in Knaack v. Auburnfly, LLC. This case represents not only a hard-fought legal battle but also a critical ruling protecting the rights of children and families in Michigan.

This ruling is a major step forward for consumer protection and the rights of Michigan families. But to understand its impact, it’s important to revisit the laws originally in place and how this case creates a stronger foundation for justice.

What Was the Law Before?

Before the Knaack decision, Michigan courts had a mixed history regarding parental indemnification agreements. These agreements typically required a parent or guardian to waive or limit a child’s right to sue in the event of injury. They were most common in recreational settings—like gyms, trampoline parks, and sports facilities—where businesses aimed to shift liability for negligence onto families.

  • Public Policy Concerns: Under Michigan law, contracts that violate public policy are void. Courts have historically held that protecting children from harm—and ensuring businesses maintain responsibility for safety—are critical public interests.
  • Grey Area: Despite this principle, some businesses still attempted to enforce waivers and indemnity agreements signed by parents. Companies argued that these agreements were necessary to protect their operations. Parents, meanwhile, often signed without fully realizing that they could be limiting their child’s ability to seek justice.

This legal grey area left families vulnerable and businesses less accountable for negligence that resulted in serious injuries.

What Happened in the Knaack Case?

In Knaack v. Auburnfly, LLC, the central issue was whether a recreational facility could enforce an indemnification agreement signed by a parent after a minor suffered injuries on the premises.

The defendant argued that the waiver protected them from liability. However, the Marko Law appellate team, led by Christopher Putrycus and Jon Marko, challenged this position, arguing that parental waivers of a child’s rights violate Michigan public policy.

The Michigan Court of Appeals agreed. In a decisive opinion, the court ruled that:

  • Parental indemnity agreements are unenforceable as they attempt to waive or limit a minor’s ability to recover damages for injuries caused by a company’s negligence.
  • This ruling reaffirms that businesses cannot shift liability for negligence onto parents or guardians.

The court’s decision builds on Michigan’s long-standing commitment to child safety and consumer protection, ensuring that companies are held accountable for creating safe environments for minors.

What Was the Case About?

The case centered around injuries sustained by a minor at a recreational facility, where the defendant attempted to enforce an indemnification agreement signed by the parent. The legal question raised: Can a parent sign away a child’s right to recover damages caused by a company’s negligence?

The Court’s Landmark Decision

The Michigan Court of Appeals affirmed the trial court’s ruling, holding that parental indemnification agreements are unenforceable as against public policy. This decision ensures that companies cannot shift financial liability for injuries caused by their negligence onto parents or families.

Why This Ruling Matters

The Knaack decision sends a strong message: Children’s rights come first, and businesses must prioritize safety. For Michigan families, this ruling provides clarity and peace of mind:

  1. Businesses Remain Responsible: Companies can no longer rely on parental waivers to escape accountability for negligence.
  2. Stronger Protections for Children: Parents can confidently take their children to recreational facilities, knowing their legal rights are protected.
  3. Greater Public Safety: This decision encourages businesses to prioritize safety, invest in proper training, and implement policies to prevent injuries.

Why This Matters to Michigan Families

This ruling underscores Michigan’s longstanding principle that businesses must bear greater responsibility when children are harmed due to negligence. It sets a powerful precedent that protects children’s rights and ensures families can hold negligent parties accountable.

At Marko Law, we’re committed to changing the law, one case at a time. Our success in this case reflects our unwavering dedication to protecting individuals, particularly those who are most vulnerable, from unjust policies and agreements.

Leading the Way in Appellate Advocacy

Our appellate team, led by Christopher Putrycus, alongside Jon Marko, fought tirelessly to achieve this result. Their expertise in navigating complex legal questions demonstrates why Marko Law is a leader in civil litigation and appeals.

What Are Your Rights?

If you or a loved one has been impacted by unjust waivers, injuries caused by negligence, or other consumer-related issues, you have rights. The Knaack decision strengthens your ability to hold negligent businesses accountable and pursue justice.

Common Questions:

  • What are my rights in a consumer injury case? You have the right to pursue compensation when negligence causes harm. Businesses cannot force you to sign away your child’s rights.
  • Can I challenge a liability waiver? Yes. Parental indemnity agreements are now void in Michigan under public policy protections.
  • How can Marko Law help? Our team has a proven history of fighting—and winning—cases that change lives and protect communities.

Why Choose Marko Law?

At Marko Law, we don’t just represent clients—we fight to make lasting change. Whether it’s appellate advocacy, personal injury, or civil rights, we have a proven track record of success in Michigan courts.

If you believe your family has been impacted by unjust contracts or injuries caused by negligence, we’re here to help. Contact us today for a free consultation.

Call 1-833-MARKO-LAW or visit www.markolaw.com/contact.

Read the Publication Here.

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Big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way, and trust me, that's a high compliment coming from me. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.

Erick Monzo
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★★★★★

Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
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I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.

Tamara Murphy
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Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.

Aaron Thomas
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★★★★★

From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!

Ken
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★★★★★

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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★★★★★

I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.

Geri Wilson
Quote icon
★★★★★

Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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★★★★★

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.

Tiffany
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★★★★★

Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!

Trinity Delaney
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★★★★★

Having Marko Law handle my case was the best decision I made. Alex Kay was excellent; he understood what I have been through and fought for me every step of the way. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.

Joe Hinkle
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★★★★★

What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.

M. Solomon
Quote icon
★★★★★

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
Quote icon
★★★★★

Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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★★★★★

John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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★★★★★

I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars!

Marissa W.
Quote icon
★★★★★

Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice.

Joe S.
Quote icon
★★★★★

Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.

Allie S.
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★★★★★

He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:)

Holly L.
Quote icon
★★★★★

Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again!

Monique T.
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★★★★★

Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients.

Hamid S.
Quote icon
★★★★★

Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team!

Lauren G.
Quote icon
★★★★★

The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm!

Ruvayn R.
Quote icon
★★★★★

I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
Quote icon
★★★★★

Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
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★★★★★

The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.

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