Michigan Court of Appeals Rules Against Parental Indemnification Agreements
In a landmark ruling, the Michigan Court of Appeals recently held that parental indemnification agreements at for-profit businessesβsuch as adventure parks and amusement centersβare unenforceable under Michigan common law and public policy. This decision, MK by Next Friend Knaack v. Auburnfly, LLC, is expected to have significant implications for businesses and parents alike, particularly in cases involving child injuries at commercial recreational facilities.
The Case: When a Fun Outing Turns Into a Legal Battle
In this case, a mother took her minor child to an outdoor adventure park for an event. Before participating, she was required to sign a βparticipant agreementβ that included a liability waiver, indemnification, and hold-harmless clauseβessentially agreeing that neither she nor her child would sue in the event of an injury.
Unfortunately, the child suffered serious injuries while at the park, leading the mother to file a lawsuit on behalf of her child for negligence, premises liability, and gross negligence against the adventure park operator, Auburnfly, LLC.
The Adventure Parkβs Argumentβand the Courtβs Response
Auburnfly attempted to enforce the parental waiver, arguing that the mother had agreed to indemnify the park and hold it harmless from all liability. However, the Michigan Court of Appeals unanimously ruled that the parental indemnification agreement violated state common law and public policy, citing a long-standing precedent that parents cannot waive their childrenβs rights to sue for negligence.
This ruling follows Michigan Supreme Court precedent set in Woodman v. Kera, LLC (2010), which established that parental pre-injury waivers are unenforceable in Michigan, except in limited circumstances under MCL 700.5109. This statute allows nongovernmental, nonprofit organizations to require waivers for certain recreational activitiesβbut does not apply to for-profit businesses like Auburnfly, LLC.
What This Means for Michigan Parents and Businesses
For Parents:
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You cannot legally be required to waive your childβs rights before an injury occurs.
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If your child is injured due to a businessβs negligence, you may still have legal recourseβeven if you signed a waiver.
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Before signing any adventure park or amusement park waivers, consider seeking legal advice if you have concerns about liability.
For Business Owners:
β Standard liability waivers for child injuries at for-profit adventure parks may not hold up in court.
β Parental indemnification agreements are likely unenforceable under Michigan law.
β Businesses must take extra precautions to ensure safe conditions, as they may be held liable for injuries caused by negligence or unsafe premises.
How Marko Law Can Help
If your child has been injured at an adventure park, trampoline facility, or amusement center, you may have legal optionsβeven if you signed a waiver. Marko Law has extensive experience handling personal injury cases, including those involving minor injuries, amusement park liability, and gross negligence. Our team fights to hold negligent businesses accountable and ensure families receive the justice and compensation they deserve.
π For a free consultation, contact Marko Law at +13137777777 or visit www.markolaw.com.
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