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Maryland recognizes strict liability in these types of personal injury cases: Abnormally dangerous activities. In this case, the defendant property owner engages in an abnormally dangerous activity on their land, which causes injury to another.
Although the court acknowledged a minor can generally disaffirm a contract signed solely by the minor the court also ruled that waivers signed by a parent on behalf of a minor can be enforceable (Hohe, 1990, p. 1565).
Though signing a waiver brings complications to a personal injury claim, you can still secure damages if your injury could and should have been prevented.
Forms Signed by Minors are Not Valid No one under 18 can lawfully enter into a contract, so if a minor wants to participate in an activity requiring a liability waiver form (e.g. jumping in a bounce house or climbing a rock wall) their parent or legal guardian must be the one to sign.
Waiver of liability clauses are legal and enforceable in Maryland (with important exceptions)
In California, liability waivers are used to help shield businesses from being sued if someone gets injured on their property. Whether they are enforceable or not depends on how well they are drafted and whether gross negligence was involved.
Today's parents sign dozens of these forms for school-aged children to release them to participate in class projects, field trips, and other physical activities. For sports leagues, camps, and other businesses that work with children, these parental consent waivers are common.
A release of liability waiver can be used when a business wants to protect themselves from legal action resulting from an accident, or when there's been an accident resulting in property damage or injury and both parties want to settle the matter out of court.