eNotes: Liability – May 2023 – Maryland

SIGNIFICANT CASE SUMMARIES

Maryland Case Summary

Burke v. Kidz Jungle World
Maryland Appellate Court
No. 0311, September Term, 2022 (unreported)

Decided: April 12, 2023

Appellate Court of Maryland holds that the operator of an indoor play facility was entitled to summary judgment based on exculpatory language contained in a waiver signed by Plaintiff a week before her injury.

Background

Kidz Jungle World operates a children’s indoor play facility in Baltimore County, MD. On January 23, 2021, Plaintiff Rachel Burke signed a waiver under which she acknowledged and agreed that all equipment at the facility could be hazardous and dangerous, that activities within the facility required various degrees of skill and experience, that activities in the facility could result in serious injury, death, illness and loss of any kind, and that she accepted and assumed all of the risk for injury to herself. Burke returned to the facility with her child on January 30, 2021. During the January 30, 2021 visit, Burke was playing with her minor child in a ball pit when she fractured her left foot. Burke filed a lawsuit against Kidz Jungle World in the Circuit Court for Baltimore County, asserting strict liability, negligence and breach of warranty claims against Kidz Jungle World.

In response to Plaintiff’s Complaint, Kidz Jungle World filed a Motion to dismiss for failure to state a claim and/or Motion for summary judgment. In its Motion, Kidz Jungle World stated that the Plaintiff signed a waiver under which she assumed the risk of her injuries and never withdrew the waiver. In addition, Kidz Jungle World argued that the strict liability and breach of warranty claims should be dismissed because Kidz Jungle World was selling an experience and not a product. On April 18, 2022 the Circuit Court held a hearing on the Motion. The Circuit Court granted summary judgment in favor of Kidz Jungle World on the negligence count and dismissed the strict liability and breach of warranty counts. Plaintiff appealed to the Appellate Court of Maryland. Plaintiff argued that the waiver was ambiguous and did not relieve the facility from liability when the facility was at fault for the Plaintiff’s injuries. In addition, Plaintiff argued that the waiver only applied to the visit of January 23, 2021 and did not apply to the January 30, 2021 visit.

Holding

The Appellate Court of Maryland affirmed the decision of the Circuit Court. The Appellate Court found that the issue of whether the January 23, 2021 waiver applied to the January 30, 2021 visit was not raised before the Circuit Court and therefore not preserved for appeal. In addition, the Appellate Court found that the waiver unambiguously applied to both present and future claims. The Appellate Court further found that the waiver was not ambiguous and expressed a clear intention to release Kidz Jungle World from acts of negligence at the facility. The Court held that the Circuit Court was correct in dismissing the strict liability and breach of warranty claims because Kidz Jungle World was not a merchant in the business of selling products when the Plaintiff was injured.

It should be noted that this is an unreported opinion. Therefore, it has no precedential or persuasive value in Maryland Courts. Md. Rule 1-104. Nonetheless, it demonstrates an application of Maryland law by Maryland’s intermediate appellate court.

Questions about this case can be directed to Andrew White at (443) 641-0572 or awhite@tthlaw.com.