Bobby, age ten, attended Golden Sunshine Camp during the second week of July 2001. On the morning of July 10, the camp counselors decided not to postpone a previously scheduled softball game for the campers despite the fact that the grassy field on which the game was to be played was wet from a recent heavy rain. When Bobby came to bat, he hit the ball past the outfield. As he was running between first base and second base, Bobby slipped on the wet grass, and he fell, sustaining a fracture of his left arm. Don, a handyman at the camp, who had been watching the softball game, drove Bobby to a local emergency room for medical care. On the way to the hospital, Don said to Bobby that he told the camp director not to let the children play softball on the wet grass that day, because he thought someone might slip and get hurt.
At the time he registered his son for camp and paid the required fee, Bobby's father signed a
form captioned "RELEASE," which provided, "It is hereby agreed that in consideration of the opportunity to participate in Golden Sunshine Camp (the Camp), I, as the parent of a camper, fully release and discharge the Camp of and from any and all potential liability to me or my child in the event my child is injured during the course of participation in any events held at the Camp."
1. Can Bobby's father bring timely claims for his son for his injuries and for himself for
medical expenses associated with the softball accident?
2. Assuming a claim can be timely asserted, and without regard to the release, provide a
detailed analysis of the camp's potential liability.
3. Assuming Bobby is ruled competent to testify at trial, discuss the admissibility of his
testimony regarding Don's statement.
4. Does the release signed at the time of registration bar any claims?
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