Each year in the United States, over 14 million children and adults head off to summer camp. While there are thousands of programs to choose from, every parent shares one non-negotiable requirement: safety.
While it’s impossible to predict every scraped knee or bump, camp owners and their employees have a legal “duty of care” to protect campers from foreseeable harm. But what happens when a “unpredictable accident” is actually the result of someone’s mistake? If your child is injured at a New York summer camp, you may have more legal recourse than you think.
When you registered your child, you likely signed a stack of paperwork, including a liability waiver. Many parents believe these documents forfeit their right to sue. This is a misconception.
In New York, liability waivers are not a “get out of jail free” card for camp operators. While they protect the camp from the inherent risks of an activity (like a child slipping while hiking), they do not protect the camp from:
- Gross Negligence: A conscious or voluntary disregard for the need to use reasonable care.
- Reckless Misconduct: Intentional actions that ignore a known safety risk.
- Public Policy Violations: New York courts often find waivers unenforceable if they attempt to absolve a facility of all responsibility for safety.
Determining liability requires a deep dive into whether the camp provided a “reasonably safe environment.” Liability often shifts to the camp in the following scenarios:
- Inadequate Supervision: Was there a proper counselor-to-camper ratio? Were counselors trained in CPR or basic first aid?
- Faulty Equipment: From rusted playground sets to frayed zip-line harnesses, camps must inspect and maintain all gear.
- Negligent Hiring: Did the camp perform background checks? Were staff members qualified for the specific activities they supervised?
- Poor Facility Maintenance: This includes everything from slippery floors in the mess hall to failing to mark hazardous terrain on the campgrounds.
- Medical Malpractice: If a camp nurse fails to administer necessary medication or ignores signs of heatstroke, the camp may be liable.
If you receive that dreaded phone call, taking these steps can protect your child’s health and your future legal claim:
- Seek Immediate Medical Attention: Ensure your child is treated by an independent doctor, not just the camp medic.
- Document Everything: Take photos of the injury and the location where it happened.
- Request an Incident Report: Get the camp’s official version of events in writing.
- Identify Witnesses: Ask for the names of counselors or other campers who saw what happened.
- Consult a Personal Injury Attorney: Do not sign any settlement offers from the camp’s insurance company before speaking to a professional.
If your child was injured at camp, call us at 1-833-TONA-LAW for a free consultation.
WE FIGHT FOR YOU.
If your child was injured at camp due to unsafe conditions or poor supervision, you need a dedicated premises liability attorney on your side. Campgrounds are legally required to maintain safe environments, and when they fail, we hold them accountable.
Don’t navigate the complex legal trail alone. Contact TonaLaw today to speak with an experienced advocate who understands New York’s premises liability standards. Call us at 1-833-TONA-LAW for a free consultation.
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