Exculpatory Agreement Fails to Insulate Snowtube Co.’s Gross Negligence
by
Joseph C. Maya on May. 01, 2017
Business Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog post about how an exculpatory agreement failed to protect Snowtube Co. from legal liability.
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Plaintiff injured person sued defendant facility operators for injuries sustained while snowboarding at the facility as a result of the operators' alleged negligence. The injured person appealed the grant of summary judgment by the Superior Court in the Judicial District of Middlesex (Connecticut) in favor of the operators. The injured person claimed, inter alia, that an exculpatory agreement was unenforceable because it violated public policy.
The facility invited the public, in exchange for a fee, to ski, snowboard and snowtube. The injured person brought his three children and another child to snowtube. The injured person signed a "Waiver, Defense, Indemnity and Hold Harmless Agreement, and Release of Liability." While snowtubing, the injured person's foot became caught between his snow tube and the man-made bank of the snowtubing run, resulting in serious injuries that required multiple surgeries to repair. The appellate court concluded that the agreement expressly and unambiguously purported to release the facility operators from prospective liability for negligence. However, the agreement violated public policy because, among other things, the operators invited the public generally to snowtube at their facility regardless of snowtubing ability, snowtubers were under the care and control of the operators as a result of an economic transaction, the agreement was a standardized adhesion contract offered to snowtubers on a "take it or leave it" basis, and without the opportunity to purchase protection against negligence at an additional, reasonable fee, and the operators had superior bargaining authority.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Hanks v. Powder Ridge Rest. Corp., 276 Conn. 314, 885 A.2d 734, 2005 Conn. LEXIS 500 (Conn. 2005)
