Michigan Court of Appeals Rules That Parents Can’t Agree To Protect Third Parties From Children’s Injury Claims

Liability waivers are common in places that pose a risk of injury, like adventure parks, water parks, and similar businesses. They typically ask participants to waive their rights to file a lawsuit against the business if they are injured. Many also ask the participants to reimburse the business for any lawsuits filed by other parties (such as an insurance company) on their behalf. This is called “indemnification.”

Many businesses that cater to children ask parents to sign waivers on behalf of their minor children, who cannot legally do so themselves. In a recent decision, the Michigan Court of Appeals scaled back the allowable scope of such waivers. In MK v. Auburnfly, LLC, released in December 2024, the court held that a parent cannot indemnify a third party against claims based on an injury to their child.

The Facts of the Case

In June 2020, MK (a minor child) visited TreeRunner Rochester Adventure Park with her mother, Karen Knaack. TreeRunner is owned by Auburnfly, LLC. Before MK could participate in any events at TreeRunner, Ms. Knaack had to sign a waiver. The waiver stated that she would not hold Auburnfly liable for any injuries her child suffered while participating in events at the adventure park and would indemnify Auburnfly for claims arising from any injuries.

Unfortunately, MK was injured while participating in an event at the park that day. Her mother filed a lawsuit alleging negligence, premises liability, and gross negligence against Auburnfly on MK’s behalf. 

Auburnfly argued that the waiver MK’s mother had signed protected it from any claims related to MK’s injury, including the one MK’s mother filed. It further argued that the indemnification clause required MK’s mother to pay its costs related to the lawsuit and any judgment MK was awarded. 

MK’s mother argued that the indemnification agreement was void as a matter of public policy and violated the parental immunity doctrine. The trial court agreed with MK’s mother that the agreement couldn’t be enforced. The court of appeals upheld the trial court’s decision.

The Court of Appeals Ruling

The Michigan Court of Appeals agreed with the trial court that the waiver couldn’t be enforced and identified two reasons for its decision.

First, the Court of Appeals noted that the agreement unfairly limited the child’s right to seek compensation for their injuries. Established Michigan case law (2010’s Woodman v. Kera, LLC) holds that pre-injury liability waivers signed by a parent do not remove a minor’s rights to pursue legal action for their injuries. The Woodman court based its decision on Michigan’s common law rule that “a parent is without authority to bind his child by contract.”

Second, the Court of Appeals noted that the indemnification agreement undermines Michigan’s public policy of protecting minors. If this contract was enforced and MK won their lawsuit, MK’s mother would have to reimburse Auburnfly for any damages it paid to her child. Since this payment would come from the child’s household funds, the result wouldn’t benefit the child – rendering the entire claim pointless.

Michigan law does not allow minor children to bring their own injury claims to court. Instead, an adult representative must file the claim for them. This representative is usually their parent or other adult financially responsible for them. Enforcing the indemnification clause would force their parent to shoulder the financial burden of any claim on their behalf. Therefore, their parent would be unlikely to file such a lawsuit. In practice, many children would lose their right to seek compensation from a negligent party for their injuries.

What This Case Means When Children Get Injured

Parts of certain waivers may still be enforceable. However, the Michigan Court of Appeals determined that a parent cannot contractually agree to indemnify a third party if that third party’s negligence injures the parent’s child. The parent may still file a lawsuit on the child’s behalf. If a court finds a negligent party liable, the child can receive compensation as in any other injury case.

The holding in MK v. Auburnfly protects children injured through someone else’s negligence. It also encourages businesses and other third parties to use care to prevent injuries to children.

What To Do if Your Child Is Injured

If your child is injured, you can take these steps to help them and protect their rights:

• Get medical attention for your child as soon as possible. Follow the doctor’s instructions and keep follow-up appointments.
• Save all the paperwork related to your child’s injury. Keep medical bills, doctor notes, accident reports, and a log of who you talk to and when.
• Speak to an experienced attorney to help protect your child’s legal rights and seek compensation.

If you or your child have suffered an injury, speak to an experienced Michigan personal injury lawyer today. The team at Sommers Schwartz, P.C. can help.