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Pre-Injury Waivers of Liability
Date: February 26th, 2009
To: All Michigan State Youth Soccer Association Leagues, Clubs and Affiliates
From: MSYSA Legal Counsel
Re: Pre-Injury Waivers of Liability
A question arose as to the viability of Pre-Injury Waivers of Liability which some entities within the MSYSA are utilizing. The current law in Michigan as explained in Woodman v. Kera, L.L.C., 280 Mich. App. 125; 2008 Mich. App. LEXIS 1628 indicates that pre-injury waivers signed by parents/guardians for their children are not presumptively enforceable. The court looked at the common law principle in Michigan that a parent has no authority merely by virtue of the parental relationship to waive, release or compromise claims of his or her child. The court further stated that any change in this law in Michigan should be undertaken by the state legislature.
The Woodman v. Kera, decision has been appealed to the Michigan Supreme Court, the Court has not yet decided if it is going to hear the matter as of yet. If the Supreme Court of Michigan decides to hear the case there is a possibility that they may reach a different decision regarding Pre-Injury Waivers of Liability. However, as the law stands now they are essentially unenforceable. Consequently, reliance on pre-injury waivers to protect from liability in the event of a child's injury is misplaced. Prudent conduct and insurance are the best protection.
This does not mean that if an entity is utilizing Pre-Injury Waivers of Liability that they should not use them. The law may change by means of the Supreme Court or possibly the State Legislature. Entities just need to be aware that at the current time the waivers do not provide protection from liability.
If you have questions regarding this topic please contact MSYSA Executive Director, Tom Frisbie at tfrisbie@michiganyouthsoccer.org
To: All Michigan State Youth Soccer Association Leagues, Clubs and Affiliates
From: MSYSA Legal Counsel
Re: Pre-Injury Waivers of Liability
A question arose as to the viability of Pre-Injury Waivers of Liability which some entities within the MSYSA are utilizing. The current law in Michigan as explained in Woodman v. Kera, L.L.C., 280 Mich. App. 125; 2008 Mich. App. LEXIS 1628 indicates that pre-injury waivers signed by parents/guardians for their children are not presumptively enforceable. The court looked at the common law principle in Michigan that a parent has no authority merely by virtue of the parental relationship to waive, release or compromise claims of his or her child. The court further stated that any change in this law in Michigan should be undertaken by the state legislature.
The Woodman v. Kera, decision has been appealed to the Michigan Supreme Court, the Court has not yet decided if it is going to hear the matter as of yet. If the Supreme Court of Michigan decides to hear the case there is a possibility that they may reach a different decision regarding Pre-Injury Waivers of Liability. However, as the law stands now they are essentially unenforceable. Consequently, reliance on pre-injury waivers to protect from liability in the event of a child's injury is misplaced. Prudent conduct and insurance are the best protection.
This does not mean that if an entity is utilizing Pre-Injury Waivers of Liability that they should not use them. The law may change by means of the Supreme Court or possibly the State Legislature. Entities just need to be aware that at the current time the waivers do not provide protection from liability.
If you have questions regarding this topic please contact MSYSA Executive Director, Tom Frisbie at tfrisbie@michiganyouthsoccer.org
