Should You Provide A Waiver For Playdates & Birthday Parties?
Michael Babboni
Personal Injury
One thing that Florida has a reputation for, whether that’s a good or a bad thing, is the number of lawsuits that take place here in the state. As personal injury lawyers, we ourselves are aware that people in car accidents, in mishaps at amusement parks, and even people slipping and falling in shopping malls are well aware of their legal rights and ready to fight for them.It’s created a culture of litigation, not just in the state, but throughout the country that makes everyone aware that one unintentional error can cost vast sums of money. The infamous 1992 case of Stella Liebeck, taking McDonald’s to court for coffee that burned her mouth and walking away with US$3 million is a testament to the power of litigation in our country. Even when OJ Simpson was found innocent of murder, he was found guilty of wrongful death in a civil lawsuit and paid over 30 million to the families of the victims.
So with most people being able to find grounds for a lawsuit for many different reasons, it’s not surprising that even children and their own activities may require you to think about legal protection.
The Helicopter Parent
One of the big trends in child-rearing in the modern day is what has been dismissively termed the “helicopter parent.” This means that an overprotective parent or parents, “hover” nearby at all times, ready to swoop in a rescue, or criticism of how their child is being treated or, in more extreme cases, taking people to court. Some families have been sued as a result of children sustaining injuries on trampolines, bouncy castles brought in for birthday parties, and even falls out of trees that children were climbing in the yard. What was once considered just a natural risk of having children that want to play together is now being turned into courtroom dramas where angry parents want restitution for the injuries their child sustained.
On the other hand, sometimes a case can be unexpectedly tragic as happened in April of 2016, in Massachusetts. 11 year old Azriel Estabrooks was attending the birthday party of one of her friends. While she was there, she ate some marshmallows that were available to the children, and choked on a marshmallow, which caused her to fall, hit her head, and lose consciousness. She was sent to the hospital, but eventually died five days later. The police investigation ruled the death as accidental, but Azriel’s parents took the family holding the birthday party to court, suing them for wrongful death and emotional distress.
Weigh The Risk
If you know that the parents of a visiting child are especially protective, or you simply don’t want to take any chances, consider a waiver. Some may say this makes a poor impression on visitors, but a signed waiver may make the difference between an unfortunate accident with children, and a crippling lawsuit that could wipe you out financially.