Can a girl scout camp be held liable for property lost while in their possession?

My daughter went to a girl scout camp in PA. Their literature includes a disclaimer that they cannot be help responsible for lost property. She was required at the end of camp to turn over all of her possessions to camp personnel for transport to another location for me to pick up. When I arrived, one of her riding boots was missing. Since the boot was lost while in the required possession of the camp, can they be help liable to replace the boot?

Asked on July 1, 2009 under Personal Injury, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Pennsylvania attorney, and the legal question here is one that isn't answered the same way in every state:  does a disclaimer of liability protect against the disclaiming party's sole negligence?  With or without specific words saying that?  Translated to english and applied to your question, can they use this disclaimer to get out of what had to have been their fault?

Can you absolutely prove, other than your daughter saying so, that she gave them both riding boots?  That would be a necessary part of the equation here, even if the law in your state is favorable.

The trouble is, we're talking about one riding boot.  I can't imagine that a new pair of riding boots is expensive enough to justify spending time and money litigating over.


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