When a child is severely injured or loses his or her life while at camp in Minnesota the facility owners/ managers, camp staff members and others may be able to be held liable for any damages associated with the incident. In some cases, personal injury liability law still applies even when a release of liability waiver is signed.
Every year, more than 14 million children and adults attend over 14,000 camps throughout the United States. Approximately 86 percent of these camps offer some type of recreational swimming, around 47 percent offer climbing/ rappelling activities, and approximately 34 percent offer horseback riding. A variety of other types of recreational activities are typically offered as well. Unfortunately, these activities are not always safe or adequately supervised, and thousands of children are seriously injured or killed while participating.
In Minnesota, most camps require that parents sign a release of liability waiver to protect the camp from being held responsible for accidents that might occur. While this waiver does in fact protect camping facilities and staff members from liability in some situations, it is not all-inclusive, and not all waiver forms are created the same. In 2013, Minnesota passed a law that states that release waivers cannot protect defendants from liability for injuries that occur due to wanton or willful negligence. Additionally, when a liability waiver contains language that is overly broad, it may not be enforceable at all.
There are a number of reasons that children suffer injuries or fatalities while attending camp.