BJ’s Wholesale Club, Inc. v. Russell Rosen et al.

Torts: negligence: exculpatory agreement by parent

CoA No. 99, Sept. Term 2012. Reported. Opinion by Battaglia, J.; Adkins and McDonald, JJ., dissent. Filed Nov. 27, 2013. Decision of Court of Special Appeals reversed.

An exculpation agreement by a parent on behalf of his minor child releasing a commercial wholesale retail center from liability for negligence, to allow the child to use a free supervised play area designed for children to use while their parents shopped, was not a “transaction affecting the public interest” and, therefore, was enforceable and precluded the child’s claim for negligence arising out of injuries sustained while using the play area.

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