Can You Sue a Summer Camp When Your Child is Injured?
Summer camp is a longstanding tradition for many families. When you leave your child in someone else’s care, whether it’s for a day or for weeks on end, it’s important that they carefully supervise their charges.
Even the most careful children and camp counselors can have accidents, however. From swimming injuries and sunburns to broken bones and insect or animal bites, there are plenty of hazards at summer camp. Here are some of your options if your child is injured.
What if I signed a waiver?
Parents and guardians are often asked to sign liability waivers when they enroll their child in summer camp. Waivers inform parents of potential risks at camp. Depending on the contents of the waiver, they may also prevent parents from filing lawsuits after an accident.
Fortunately, not every waiver is legally binding. For instance, if your child’s injury wasn’t a known risk included in the waiver, you may be able to file a claim. Similarly, imprecise language or waivers which break the law are unlikely to be upheld in court.
What are my legal options?
If you didn’t waive your right to file a claim against the camp, you may have several options. First, parents can file a negligent supervision lawsuit against the camp. To prevail, the plaintiff must show that the summer camp had a duty to adequately supervise the child, failed in that duty and as a result, the child suffered actual harm. Other types of negligence claims, such as premises liability, may be appropriate if negligent supervision isn’t to blame for the actions.
You may also be entitled to file a claim against a third party. For example, if a child is injured due to defective sporting equipment, parents could potentially file a claim against the equipment manufacturer.
If your child is injured at camp as a result of someone else’s negligence or recklessness, we can help. Call the knowledgeable personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP today.