The Maryland Court of Appeals recently decided a case that effects the rights of parents to bring negligence actions against retailers and potentially other forms of businesses, who provide play areas for children on their premises, while their parents shop.
In the case against BJ’s Wholesale Club, Russell and Beily Rosen brought a lawsuit against BJ’s after their five-year-old son was injured in the play area known as “The Incredible Kids’ Club” at its Owings Mill, Maryland store. The parents had signed a waiver of liability before their son could enter the play center. During play, their son fell from a three-foot-tall plastic statue of Harry the Hippo onto a concrete-like surface.
The child suffered an acute epidural hematoma and was treated at Sinai Hospital and Johns Hopkins. The parents sued BJ’s for damages of 5 million dollars for failing to exercise reasonable care by placing a climbing toy on an unpadded concrete area.
The Court held that the parents are responsible for their child’s welfare and must weigh the risks of signing a waiver. The injury waiver or agreement was valid because it did not effect public interests.
If you or a loved one is suffering with injuries sustained at the hands of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda injury lawyer. Our office is conveniently located in Rockville, Maryland.