At Marko Law, we’re proud to share another milestone victory with the recent Court of Appeals opinion in Knaack v. Auburnfly, LLC. This case represents not only a hard-fought legal battle but also a critical ruling protecting the rights of children and families in Michigan.

This ruling is a major step forward for consumer protection and the rights of Michigan families. But to understand its impact, it’s important to revisit the laws originally in place and how this case creates a stronger foundation for justice.

What Was the Law Before?

Before the Knaack decision, Michigan courts had a mixed history regarding parental indemnification agreements. These agreements typically required a parent or guardian to waive or limit a child’s right to sue in the event of injury. They were most common in recreational settings—like gyms, trampoline parks, and sports facilities—where businesses aimed to shift liability for negligence onto families.

• Public Policy Concerns: Under Michigan law, contracts that violate public policy are void. Courts have historically held that protecting children from harm—and ensuring businesses maintain responsibility for safety—are critical public interests.
• Grey Area: Despite this principle, some businesses still attempted to enforce waivers and indemnity agreements signed by parents. Companies argued that these agreements were necessary to protect their operations. Parents, meanwhile, often signed without fully realizing that they could be limiting their child’s ability to seek justice.

This legal grey area left families vulnerable and businesses less accountable for negligence that resulted in serious injuries.

What Happened in the Knaack Case?

In Knaack v. Auburnfly, LLC, the central issue was whether a recreational facility could enforce an indemnification agreement signed by a parent after a minor suffered injuries on the premises.

The defendant argued that the waiver protected them from liability. However, the Marko Law appellate team, led by Christopher Putrycus and Jon Marko, challenged this position, arguing that parental waivers of a child’s rights violate Michigan public policy.

The Michigan Court of Appeals agreed. In a decisive opinion, the court ruled that:

• Parental indemnity agreements are unenforceable as they attempt to waive or limit a minor’s ability to recover damages for injuries caused by a company’s negligence.
• This ruling reaffirms that businesses cannot shift liability for negligence onto parents or guardians.

The court’s decision builds on Michigan’s long-standing commitment to child safety and consumer protection, ensuring that companies are held accountable for creating safe environments for minors.

What Was the Case About?

The case centered around injuries sustained by a minor at a recreational facility, where the defendant attempted to enforce an indemnification agreement signed by the parent. The legal question raised: Can a parent sign away a child’s right to recover damages caused by a company’s negligence?

The Court’s Landmark Decision

The Michigan Court of Appeals affirmed the trial court’s ruling, holding that parental indemnification agreements are unenforceable as against public policy. This decision ensures that companies cannot shift financial liability for injuries caused by their negligence onto parents or families.

Why This Ruling Matters

The Knaack decision sends a strong message: Children’s rights come first, and businesses must prioritize safety. For Michigan families, this ruling provides clarity and peace of mind:

1. Businesses Remain Responsible: Companies can no longer rely on parental waivers to escape accountability for negligence.
2. Stronger Protections for Children: Parents can confidently take their children to recreational facilities, knowing their legal rights are protected.
3. Greater Public Safety: This decision encourages businesses to prioritize safety, invest in proper training, and implement policies to prevent injuries.

Why This Matters to Michigan Families

This ruling underscores Michigan’s longstanding principle that businesses must bear greater responsibility when children are harmed due to negligence. It sets a powerful precedent that protects children’s rights and ensures families can hold negligent parties accountable.

At Marko Law, we’re committed to changing the law, one case at a time. Our success in this case reflects our unwavering dedication to protecting individuals, particularly those who are most vulnerable, from unjust policies and agreements.

Leading the Way in Appellate Advocacy

Our appellate team, led by Christopher Putrycus, alongside Jon Marko, fought tirelessly to achieve this result. Their expertise in navigating complex legal questions demonstrates why Marko Law is a leader in civil litigation and appeals.

What Are Your Rights?

If you or a loved one has been impacted by unjust waivers, injuries caused by negligence, or other consumer-related issues, you have rights. The Knaack decision strengthens your ability to hold negligent businesses accountable and pursue justice.

Common Questions:

• What are my rights in a consumer injury case? You have the right to pursue compensation when negligence causes harm. Businesses cannot force you to sign away your child’s rights.
• Can I challenge a liability waiver? Yes. Parental indemnity agreements are now void in Michigan under public policy protections.
• How can Marko Law help? Our team has a proven history of fighting—and winning—cases that change lives and protect communities.

Why Choose Marko Law?

At Marko Law, we don’t just represent clients—we fight to make lasting change. Whether it’s appellate advocacy, personal injury, or civil rights, we have a proven track record of success in Michigan courts.

If you believe your family has been impacted by unjust contracts or injuries caused by negligence, we’re here to help. Contact us today for a free consultation.

Call 1-833-MARKO-LAW or visit www.markolaw.com/contact.

Read the Publication Here.