Rules support lawsuits. Education supports the program. You can’t watch kids 24 hours a day, you can’t anticipate all risks so don’t tell parents (make rules that say) you can.

Kids on a trip to Israel are bitten by sand fleas. Kids get a disease. Group promised to monitor and protect kids. Parents sued for bites to kids.

Educate the parents. Kids can probably get hurt even if you wrap them in bubble wrap. You will try hard, but you can’t promise you can keep you safe. If you make promises that say you will protect kids, the parents expect perfection. They can’t protect their kids, and they know it so why would you be stupid enough to say something like that!

Marketing makes Promises Risk Management has to Pay For.

You want the kids on the trip. You know they’ll have a great time, and they’ll learn things. But don’t go so far as to make a declaration you cannot back up 100%. You will be sued if any injury occurs to any kids.

On top of that, your release will be thrown out possible because you made a material misrepresentation affecting the contract. If the court finds this, then the parties are placed in a position as if the contract had not occurred – no release.

Fraudulent inducement is another way to throw out a release. You lied to me about the safety of my kids; you fraudulent induced me to sign the release. Therefore, the release should be thrown out.

Do Something

Educate the parents on the risks. Tell the parents these are not all the risks, just some of the risks.  

Don’t do something.

Don’t make statements you can’t possible back up!

See Jewish groups sued over sand fly bites during youth trip to Israel

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By Recreation Law    Rec-law@recreation-law.com         James H. Moss

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