51 A.3d 100
Md. Ct. Spec. App.2012Background
- BJ’s Wholesale operates a commercial, membership-based store that runs a supervised play center for children, requiring a release and indemnification before use.
- Russell Rosen, a BJ’s member, signed the pre-injury release in July 2005 on behalf of his child Ephraim.
- Ephraim, age five, suffered a severe head injury after falling from a play structure at BJ’s play center in October 2006.
- The Rosens sued for negligence; BJ’s counterclaimed for breach of the release and moved for summary judgment.
- The circuit court granted summary judgment enforcing the release, leading to the Rosens’ appeal.
- Maryland courts recognize strong public policy protecting children, especially when a commercial enterprise is involved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a parent waive a minor’s future negligence claims against a commercial enterprise pre-injury? | Rosen contends such pre-injury releases are invalid as public policy. | BJ’s argues exculpatory releases signed by a parent are enforceable against a minor. | Parent may not bind minor to pre-injury release against a commercial enterprise. |
| Is the indemnification clause unenforceable alongside the exculpatory clause? | Indemnity is intertwined with the invalid exculpation and should be invalid too. | Indemnity could be enforceable if clear and unambiguous. | Indemnification clause unenforceable; it would undermine the child-protective policy. |
Key Cases Cited
- Wolf v. Ford, 335 Md. 525, 644 A.2d 522 (1994) (public policy limits exculpatory waivers for some harms)
- Seigneur v. Nat’l Fitness Inst. Inc., 132 Md.App. 271, 752 A.2d 631 (2000) (adult pre-injury releases generally enforceable; context matters)
- Boucher v. Riner, 68 Md.App. 539, 514 A.2d 485 (1986) (pre-injury releases generally enforceable for adults)
- Hojnowski v. Vans Skate Park, 187 N.J. 323, 901 A.2d 381 (2006) (pre-injury releases by parents against commercial facilities often unenforceable)
- Kirton v. Fields, 997 So.2d 349 (2008) (public policy favors child protection; pre-injury releases for commercial activities discouraged)
- Cooper v. Aspen Skiing Co., 48 P.3d 1229 (2002) (state policy protects minors against pre-injury releases in commercial contexts)
- Hawkins v. Peart, 37 P.3d 1062 (2001) (public policy disfavors parent-enterprise pre-injury releases for minors)