Parental Exculpatory Waivers Are Alive And Well In Md.

Law360, New York (March 10, 2014, 6:02 PM EDT) -- A recent decision by Maryland’s highest appellate court provides financial protection to businesses, but proves that forum selection still matters for plaintiffs, particularly as it relates to civil negligence actions. In Rosen v. B.J. Wholesale Club, 80 A.3d 345 (Md. 2013), the Maryland Court of Appeals enforced preinjury liability waivers on behalf of minor children, despite invalidation of such waivers by the majority of jurisdictions.

Maryland courts have a reputation for holding onto traditional common law positions held by only a minority of states. For example,...
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