When a Child Is Hurt at Camp: Who Is Liable?

Sending a child off to a summer camp in Massachusetts or the surrounding New England states is a popular way to keep them occupied when school’s out. Along with providing children with something to do during the day, summer camp can also equip them with skills that may serve them throughout their academic and personal lives.

However, due to the various activities that children may participate in at summer camp, it’s possible for a child to be injured in this setting. Hopefully, this will never happen to your kid. If it does, however, it’s important to understand your potential legal options.

Common Ways Children May be Injured at Summer Camp in Massachusetts

The specific injuries children may be at risk of sustaining at camp will depend on the type of camp they attend and the activities offered. The following, however, are some common examples:

• Drowning accidents or other such injuries related to swimming and water activities
• Injuries related to exposure to heat, sunlight, overexhaustion, etc.
• Bone fractures
• Head injuries
• Lacerations

The types of injuries a child sustains may vary, but regardless, a child injured at summer camp will usually need to undergo some form of medical treatment. You shouldn’t have to cover the cost of their treatment if your child was injured due to another party’s negligence.

Seeking compensation in these circumstances may involve filing a claim with the insurance company of the liable party. You can file a lawsuit if the insurer refuses to make a fair offer. However, you have to properly determine who the liable party is before taking such steps.

Seeking compensation after a child is injured at summer camp

It’s very important to research any camp you are thinking about enrolling your child in ahead of time. Learning about its accreditation and whether it has a history of injuries or other such incidents can help you make a more informed choice. However, even if you do your research, it’s still possible your child could be injured due to a number of factors.

The camp may take proactive steps to guard against legal action on the part of campers or their parents by requiring parents or guardians to sign liability waivers. If you have the opportunity to review such a waiver with a legal professional before signing it, doing so is ideal.

That said, if your child has been injured at camp, odds are you’ve already signed such a waiver without necessarily considering how it might apply in these circumstances. Do not assume that you have no options just because you’ve signed a waiver.

Depending on the degree to which the camp’s negligence played a role in your child’s injuries, even if you signed a waiver, you may still have grounds to file an insurance claim or lawsuit seeking compensation for the cost of medical bills and other related losses. A lawyer can review your case and help you better understand whether you have grounds to take action in these circumstances.

They can also help you better understand who the liable party may be. Typically, when a child is injured at camp due to negligence, the camp itself is liable. However, there are other parties who may be responsible for providing compensation. For example, perhaps your child was injured because a piece of equipment was defective, or an outside maintenance company created or contributed to a dangerous condition. In these circumstances, the manufacturer or designer might be liable.

Get Help With a Child Summer Camp Injury Case

Your main priority when your child has been hurt at camp should be to help them recover comfortably. Of course, you might feel overwhelmed by the demands you currently face.

The financial toll of unexpected medical bills can be significant. True, compensation may be available, but securing such compensation can require investigating your child’s accident to determine liability and gather sufficient evidence of negligence. If you signed a liability waiver, the legal elements of your potential claim must b carefully evaluated. You should also expect the insurance company to lowball you, meaning you’ll have to negotiate for a fair offer.

It’s important to realize that you don’t have to go about this process alone

If you’re seeking compensation for injuries your child sustained while camping at Massachusetts or elsewhere in the New England states, at Swartz and Swartz, P.C., a Boston child injury lawyer is prepared to review your case and offer the representation you and your child deserve right now. Get started today by calling our offices at (617) 742-1900 or contacting us online to set up your free consultation today.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.