When is a Camp Liable for Injury?

Monday, November 25, 2013

When is a Camp Liable for Injury?

Written by Malman Law, reviewed by Steve J. Malman.

A case involving a girl who acquired Lyme disease from a tick at a YMCA summer camp has brought the camp into a lawsuit for negligence. The girl’s parents claim that YMCA’s Camp Mohawk, located in Connecticut, is liable for their daughter’s illness, citing the staff’s inability to take proper preventative action as well as monitor her health.

In spite of camp waivers signed by parents to help ensure lawsuits aren’t filed, there are ways to determine if a camp is liable for injury, with help from premises liability lawyers.

Determining Camp Liability

Camps are generally responsible for the safety of campers. Under premises liability, camp staffers are required to take precautions that prevent injury to the best of their abilities. Camps failing to meet safety standards may be held liable for any injuries that children experience, including illnesses such as Lyme disease.

The parents of the 14-year-old girl affected at Camp Mohawk claim that counselors failed to notice a clearly visible tick and seek appropriate medical attention for her once she displayed symptoms. They are seeking $41.7 million in compensation from the camp as a result, with the assistance of a premises liability attorney who secured the same amount for a child affected by Lyme disease during a school trip in China.

Exceptions to Waivers

While a majority of camps have parents sign waivers, the details of each waiver may differ for each camp. Camp Mohawk, for example, states that employees must follow a four-stage protocol that helps prevent the attachment of a tick. If the staff is found to have neglected these precautions, it could prove their liability in this case.

A waiver doesn’t restrict children who have been injured at camps as a result of harmful staff negligence. Parents can take action by first speaking with premises liability attorneys about their case.