Woodman v. Kera LLC

785 N.W.2d 1 (2010)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Five-year-old P's parents had his birthday party at Bounce Party, which D operates and which is an indoor play area that contains inflatable play equipment. P's father signed a liability waiver on P's behalf. P jumped off a slide and broke his leg. P sued D alleging negligence, gross negligence, and violation of the Michigan Consumer Protection Act (MCPA). D sought summary disposition, in that P's claims were barred by the liability waiver. P claimed the waiver was invalid as a matter of law because a parent cannot waive, release, or compromise his child's claims. The trial court ruled that the waiver barred P's negligence claim, but not P's gross negligence or MCPA claims. P appealed the waiver issue, and D appealed the gross negligence and MCPA issues. The Court of Appeals reversed and held that the waiver was invalid to bar the negligence claim. Under Michigan common law, ''a parent has no authority merely by virtue of the parental relation to waive, release, or compromise claims of his or her child.'' D appealed.