Arena's Waiver Fails for Lack of Details and Specificity

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

A patron was injured while playing deck hockey in the arena. Prior to the game, the patron signed a waiver agreement which limited the liability of certain parties, not including the arena, for their own negligence. This waiver, or exculpatory agreement, purports to insulate the arena from responsibility for injuries. However, is only as effective as to its specification. In other words, a waiver must specifically set forth its terms to successfully protect a party from liability for certain injuries.

Plaintiff patron filed an action against defendants, a sports arena and a player, alleging negligence, reckless assault, and intentional assault against the player, and negligence against the arena. The arena argued that it was entitled to summary judgment because the patron's claim was barred by the express terms of the waiver agreement and the patron contractually assumed all risks associated with playing deck hockey. The patron argued that summary judgment was not appropriate because there existed a genuine issue of material fact as to whether the waiver agreement barred him from recovering against the arena.

Patron's signature on a waiver agreement did not absolve the sports arena of liability for its own negligence since the language in the waiver was limited to absolving other players, referees, and staff of liability for their own negligence. In denying the arena's motion for summary judgment, the superior court concluded that the language in the waiver was limited to absolving other players, referees, and staff of liability for their own negligence. The waiver agreement signed by the patron did not contain explicit language absolving the arena of liability for its own negligence. The arena's motion for summary judgment was denied.

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. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Klem v. Chaplinsky, 2002 Conn. Super. LEXIS 4225 (Conn. Super. Ct. Dec 23, 2002)