Summer Camp Accidents: Understanding Your Rights as a Parent

Types of summer camp accidents and the road to compensation

Summer camps provide children with enriching experiences while giving parents a much-deserved break. While these camps aim to create a safe and enjoyable environment, accidents and injuries can still occur. 

As a parent, it’s important to understand your rights and legal options if your child sustains an injury at summer camp. In this article, we’ll explore common types of summer camp injuries, legal options for parents, potential compensation, and important steps to take if your child is injured at summer camp.

Common types of summer camp accidents and injuries

Summer camps are full of activities, and many of them come with inherent risks. Add to the mix lots of excited children, and accidents are bound to occur. 

Here are some of the most common types of summer camp accidents and injuries:

• Sports-related accidents
• Water-related accidents
• Playground accidents

In the past, we’ve looked at the most common summertime injuries, and many of the injuries we discussed in that article occur regularly at summer camps. These injuries include:

Whose liable for a summer camp injury?

To receive compensation for an accident that occurs at summer camp, you’ll have to establish that someone other than your child was responsible—or at least partially responsible—for your child’s injury. In most cases, this requires that you establish the following three elements of negligence:

1. The defendant owed the plaintiff a duty of care. In most cases, the defendant owes the plaintiff a duty to exercise “reasonable care.” In some situations, the defendant may owe the plaintiff a more specific duty of care.
2. The defendant breached the applicable duty of care. You’ll need to prove that the defendant breached the applicable duty of care. 
3. The plaintiff was injured as a direct result of the breach. The defendant’s breach must be the cause of the plaintiff’s injuries.

In some cases, multiple parties may be liable for a summer camp injury. Consider the following example:

Other causes of action in summer camp cases

Although negligence is the most common cause of action in a summer camp accident, other causes of action may be appropriate, including:

• Product liability. A product liability claim might be appropriate if a product was defective or lacked proper warnings.
• Medical malpractice. A medical malpractice claim might be appropriate if a doctor failed to properly diagnose a condition or gave improper advice.
• Wrongful death. A wrongful death claim might be appropriate if the summer camp participant suffered a fatal injury. Wrongful death claims can be filed by certain family members of the deceased, and are intended to compensate family members for the loss of a loved one.

Type of compensation available in a summer camp accident case

There are three main types of compensation available in a summer camp accident case:

• Economic damages represent the monetary losses caused by an accident (medical expenses, property damages, lost wages, etc.).
• Non-economic damages represent the non-monetary losses caused by an accident (pain and suffering, loss of companionship, etc.). 
• Punitive damages are only available in certain situations and are intended to punish the defendant and deter others from engaging in similar behavior.

Common defenses in summer camp accident cases

There are 3 defenses that are commonly raised in summer camp injury cases:

1. Assumption of the risk. The assumption of the risk defense basically says that a plaintiff who voluntarily participates in an activity is owed no duty of care with respect to the obvious risks associated with the activity. However, it’s important to note that liability attaches where the defendant intentionally injures or engages in reckless misconduct beyond the scope ordinarily contemplated for the activity.
   
   For example, if you get hit with a pitch while playing baseball at a baseball summer camp, you can’t sue anyone for your injuries because getting hit with a baseball is an inherent risk associated with the game. On the other hand, if you step in a hole while running down the first base line, you can sue the camp because stepping in a hole on a baseball diamond is beyond the obvious risks associated with the game.
2. Waiver of liability. Before your child participates in camp, you may be asked to sign a waiver of liability. A waiver is simply an agreement whereby a parent releases certain parties (usually the organizing association) from any liability related to injuries suffered. Every state treats waivers differently. In some states, waivers are unenforceable. In other states, waivers are upheld if they meet specific requirements.
3. Statute of limitations. A statute of limitations specifies how long you have to file a lawsuit against someone. If you fail to file a lawsuit within the applicable statute of limitations, you’ll be prohibited from recovering any damages. Most states provide that the statute of limitations doesn’t start running until the plaintiff turns 18.

Steps to take if your child is injured at a summer camp

If your child sustains an injury at summer camp, there are some steps you can take to improve your chances of recovering the compensation your child deserves. 

First, it’s important to seek immediate medical attention. Including being in the best interest of your child’s health, early medical records will serve as critical evidence in your case. 

Second, document the incident as thoroughly as possible. This may include taking photographs, collecting the contact information of witnesses, and obtaining incident reports. 

Finally, to protect your child’s rights, it’s advisable that you meet with an experienced personal injury attorney. Keep in mind that time is of the essence, as personal injury claims are subject to the statute of limitations. Most initial consultations are free. 

As a parent, understanding your rights and legal options when it comes to summer camp accidents is important. Keep in mind that each case is unique, and consulting with a qualified personal injury attorney is important to receive tailored advice based on your specific circumstances.