Lots of kids go away to summer camp every year. Whether your child is away for an entire summer or just one weekend, accidents can happen and cause injuries. If your child is hurt, speak to an attorney right away about how you can hold the camp responsible.
If your child is injured in an accident while attending summer camp, get them medical help right away if they have not already received it. Talk to your child about what happened, but hire a lawyer before talking to representatives from the camp. You may have a serious personal injury claim on your hands. If you signed a waiver, holding the camp responsible may still be possible, but only if we can find a way around the waiver.
Call our Arkansas personal injury attorneys for a free, confidential case evaluation by calling our team at (479) 316-0438.
What to Do if Your Child is Injured at an Arkansas Summer Camp
If your child is hurt while attending summer camp, you may be able to sue the camp for damages. Some accidents are so serious that a child’s life is altered forever, and significant compensation might be at stake.
Take Your Child to a Doctor
Injuries at summer camp may be serious. Kids can get hurt while hiking, playing sports, or because of unsafe facilities or conditions on the camp property. If kids are hurt while boating, swimming, or playing in a pool or lake, there is a serious risk of drowning.
Get your child medical help immediately. The camp should call for emergency help right away. If they did not, get your child medical care now. Even if your child has already been treated, it may be a good idea to have your own doctor evaluate their injuries.
Call a Lawyer
Once you know your child has received medical attention and is safe, call a lawyer for help as soon as possible. The camp might be apologetic and willing to take accountability. It might instead blame the incident entirely on your child. Either way, you need a lawyer to evaluate your potential legal claims.
Begin Collecting Evidence
You should begin collecting evidence and information to support a lawsuit against the summer camp right away. Our Bella Vista, AR personal injury attorneys should start by talking to your child about how they were injured. In some cases, the injured child’s story conflicts with the camp’s version of events, and we may need to do some more digging to find the truth.
We can speak to other campers and their parents who might know something about what happened. Other campers might have witnessed the accident or can attest to unsafe conditions at the camp. When talking to child witnesses, we should always get parental consent first.
Can You Sue a Summer Camp for Your Child’s Injuries if You Signed a Waiver?
Camps generally require parents to sign waivers. Waivers signed only by minors are typically invalid and unenforceable. Even with a waiver, a camp may still be held liable for things like gross negligence or intentional harm. On top of that, not all waivers are legally enforceable.
Gross Negligence
Liability waivers typically shield a camp from liability for ordinary negligence. They do not protect camps from liability for gross negligence.
Ordinary negligence often involves simple carelessness. For example, if a camp counselor takes some campers on a hike and one camper falls and injuries their leg, this may be chalked up to ordinary negligence.
Gross negligence is often described as the failure to take even the slightest care to prevent an accident. For example, it is one thing to take campers on a hike. It is another thing to take campers on a hike along a highly advanced, dangerous trail intended only for experienced hikers.
Intentional Misconduct
Waivers only shield a camp from liability for ordinary negligence. This usually includes accidents and unintentional mishaps. Waivers do not shield camps from liability for intentional acts of harm.
If your child is injured because they were abused by camp staff, the waiver will not stop you from taking legal action against the camp. In fact, it is a good idea to get law enforcement involved as soon as possible if you believe your child was injured or abused by camp staff members.
Unclear or Ambiguous Waiver Terms
Not all waivers are legally enforceable. Waivers must be written in a way that clearly conveys the circumstances under which liability would be waived. They must also conform to legal requirements regarding fairness.
If waiver terms are so overly broad that virtually all liability under any circumstance is waived, the waiver may be unenforceable in court. Similarly, if the terms are so vague that it is not clear how liability could be waived, the waiver may be unenforceable.
Public Policy Concerns
Some waivers are unenforceable because their terms are contrary to public policy, public interests, or safety. This is especially important in cases involving children, as the public has a deep interest in protecting kids from harm.
Because a camp waiver concerns children’s safety, it is likely to be more closely scrutinized by a court and less likely to withstand public policy concerns.
FAQs About How to Get Compensation if Your Child is Hurt at Summer Camp in Arkansas
Can You Sue a Summer Camp Where Your Child Was Injured?
Yes. If your child is injured at summer camp, you may sue the camp for your child’s injuries and damages. We must gather evidence of the accident and your child’s injuries to prove that the camp is responsible.
Can You Sue a Summer Camp or Injuries if You Signed a Liability Waiver?
Many camps require parents to sign liability waivers that limit the camp’s legal liability in case of accidents. Even if you signed a waiver, it may be possible to sue if the accident is related to gross negligence or intentional harm. Also, some waivers may be invalidated if the terms are vague, overly broad, or against public policy.
How Much Time Do You Have to Sue Your Child’s Summer Camp for Injuries?
When filing a personal injury lawsuit on behalf of a child, parents typically have 3 years from the date of the accident to sue. A child may sue on their own behalf no later than 3 years after they turn 18.
What Happens if Your Child’s Summer Camp Hides Their Injuries from You?
If the camp tries to hide your child’s injuries from you or is dishonest about how the injuries happened, you may be dealing with fraudulent concealment. If you learn the truth later, you may have the statute of limitations tolled, giving you more time to file a lawsuit.
Should You Accept a Settlement for Your Child’s Summer Camp Injuries?
Whether you accept a settlement or take the case to court is up to you, but both options have pros and cons. While a settlement may get you compensation faster, it is often not worth the full extent of your child’s damages. On the other hand, a lawsuit may help you recover all the compensation your child deserves, but they tend to be time-consuming and very challenging. Your lawyer should advise you on your best legal options.
Ask Our Arkansas Personal Injury Attorneys to Review Your Child’s Case
Call our Fort Smith, AR personal injury attorneys for a free, confidential case evaluation by calling our team at (479) 316-0438.