QUESTION
Can I pursue a negligence lawsuit despite the waiver had been signed?
Asked on Sep 16th, 2013 on Personal Injury - Michigan
More details to this question:
Upon signing the membership contract, I did sign the waiver in regards to personal injuries in use of the services and or club. I had dropped off my son and my 9 year old daughter at the kids club to be watched while I go and workout for an hour. About 40 minutes, a day care representative pulls me and states that there has been an accident. My son’s pinky finger had been caught in the door of the baby/infant section which it should always be closed. Another child slams his finger and now is required to have multiple stitches on his little finger. Staff stated that my daughter had pushed when my daughter stated that she pushed it the other to relieve him from it and when I had my daughter where the staff was at the time and what they were doing, she stated they were just chatting in the front and had their backs on the kids. I had asked for a first aid kit. They didn't have one on the room and had to walk out all the way to the lobby. My son was held by a non staff. The staff seemed as if they don’t know how to respond to first aid.
9 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you signed a waiver you signed a waiver. What is it about "waiver" you don't understand? that it applies to other people but not to you? injury to a pinky and you had to walk all the way to the lobby you are overdoing the whole bit. Get on with your life. I don't think any lawyer would take such a case under any circumstance.
Answered on Sep 19th, 2013 at 9:42 AM
Ronald A. Steinberg
You waived any claim you have. Your daughter may have a claim.
Answered on Sep 19th, 2013 at 8:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I do not think the waiver would prevent you from filing a negligence suit. Your trouble may be proving negligence. It may be negligent to leave the door open, I do not know because I am not familiar with the premises. However, staff having their back turned momentarily may not be negligent (for example, at home, do you ever take your eyes off your child?)
Answered on Sep 19th, 2013 at 8:10 AM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
When a person accepts these types of 'waivers' concerning negligence of others, in actuality they are assuming the risk of damages from this other person's negligence. Here, I would have to read the waiver but whether or not you have a claim for negligence would depend on several factors. First, did you truly understand what you signed. In order to 'waive' the negligence of another you must voluntarily assume a known risk. You stated that you voluntarily signed the waiver but did you know what you were assuming. Perhaps the day care representatives' negligent behavior was so bad that you could not have known its extreme degree and thereby did not assume it. Also, there may be an issue concerning did your waiver actually affect your children. There are a lot of angles to this.
Answered on Sep 18th, 2013 at 6:30 PM
James Eugene Hasser
You can probably get around the waiver as it probably does not apply to your situation. Consult an experienced personal injury lawyer and let him or her look at the waiver in light of what happened. Good luck.
Answered on Sep 18th, 2013 at 2:46 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan courts have grown very restrictive and conservative and have routinely found that signed waivers bar claims. This is true even though most waivers are not bargained for and are the result of unequal bargaining power. Further, even if you were legally able to present a claim, you must have facts that show negligence on the part of the kid's club and the damages will have to be significant enough to justify the costs of litigation which run into the thousands of dollars. The kid's club should have a liability policy and that policy should have a "med pay" provision that can serve to pay up to it's limits for any uncovered/uninsured medical treatment costs. This claim can be made without regard to having to prove fault/negligence.
Answered on Sep 18th, 2013 at 2:41 PM
Jason David Smith
Likely yes, although club will say no. Talk to a PI attorney. Usually these contracts aren't worth much in court.
Answered on Sep 18th, 2013 at 2:29 PM
4 Awards
Submit your waiver form and all written representation, advertising, etc relating to the child care to an attorney to review for loopholes.
Answered on Sep 18th, 2013 at 1:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The waiver will most probably hold. ASK them to cover the medical out of pockets nicely, they probably have no legal requirement to do so.
Answered on Sep 18th, 2013 at 1:48 PM