Are waivers worthless in Michigan?

GRAND RAPIDS, Mich. (WOOD) - Michigan Supreme Court proceedings Wednesday could potentially open the door for thousands of lawsuits against companies and businesses providing services for children.

It's a case that affects most parents. For those who have ever signed a permission slip for a field trip or a waiver for sports, you may have thought you were giving up your right to sue if your child was injured. But under Michigan law, that waiver is worthless.

It started with a birthday celebration at Bounce Party in Cascade Township. Jeffrey and Sheila Woodman of Grand Rapids rented the indoor play arena for a party, but their 5-year-old son broke his leg after jumping off a slide.

Jeffrey Woodman had signed a waiver giving up any claims against Bounce Party if his child was injured. But he and his wife sued anyway on their son's behalf.

However, a trial court ruled in favor of Bounce Party, saying the waiver was valid. The couple's negligence claims were dismissed.

Next, the Court of Appeals reversed the decision in favor of Jeffrey and Sheila Woodman. Under Michigan law, a parent has no authority to sign away his or her child's rights to sue, the appellate court said.

The ruling opens a potential can of worms, the appellate court admitted, making any waiver produced to protect a company such as Bounce Party from lawsuits worthless.

Now, the case will be decided by the Michigan Supreme Court.

If the appellate ruling stands, it would have far-reaching implications, some say.

"It would open up the floodgates to litigation for people that provide services to children," said Scott Feuer, an attorney for Kera LLC, the parent company of Bounce Party. "Coaches, businesses that provide educational and recreational opportunities to children."

Eugenie Eardley of the Michigan Association of Justice supports Jeffrey and Sheila Woodman's view in the case and will argue that the Supreme Court follow the law; keeping the rights of children intact to sue companies such as Bounce Party for negligence -- waiver or no waiver.

"We want to make sure the law is kept the way it should be," Eardley said. "And kids that (who) get hurt, maimed, killed by someone else's negligence don't have their rights taken away."

24 Hour News 8 also spoke with Craig Mutch, an attorney representing school districts in Michigan.

He has always known waivers are virtually worthless in the state, he said.

Mutch advises schools to make sure field trips are covered by insurance.

Both sides in the case agree it will probably take legislation to redefine the law, providing protection for businesses while keeping the rights of children intact.