An exculpatory clause in a fitness club agreement only bars ordinary negligence claims, the New Jersey Appellate Division has ruled. The plaintiff joined a fitness club and signed a form contract that contained exculpatory provisions.
An exculpatory clause in a contract for the sale of a burglar alarm system doesn't violate public policy, the New Jersey Appellate Division has ruled. The plaintiff was a distributor of information technology products that contracted with a distributor of burglar alarms to install a security system at a warehouse where the plaintiff stored and distributed computer system equipment. The parties signed a form contract provided by the defendant, which included a clause stating that in case of loss, the plaintiff must look to its own insurer for redress.
Civil - bailment - contracts - exculpatory clause
An exculpatory in an apartment lease is not enforceable because it is too broad and violates public policy, the Idaho Supreme Court has ruled. The plaintiff injured herself when she stepped in a sinkhole while walking between apartment buildings in the rain. She sued her landlord for failing to maintain the property in a safe condition. The landlord moved for summary judgment base on an exculpatory clause which relieved the landlord of liability for any slip and falls inside the buildings or anywhere on the property.
Exculpatory clause does not bar suit, CSA holds A Montgomery County woman who fell outside her home can sue her condominium association because of an ambiguous exculpatory clause in the association's bylaws, the Maryland Court of Special Appeals unanimously ruled.
An exculpatory agreement required for admittance to a county police academy could not be enforced against a recruit who was injured during training, the New Jersey Supreme Court has ruled reversing a dismissal. The plaintiff was required to complete a state-certified police training program as a condition for being hired as a university police officer. He suffered disabling injuries when he slip and fell down a flight a stairs while attending a county police academy.
The exculpatory clause in a personal fitness contract is not unconscionable as a matter of law when the clause expressly notifies the plaintiff that by signing the contract, the plaintiff is waiving his rights to bring an action for negligence against the defendant and the clause is not substantively unconscionable.
Contract; exculpatory clause.
Fearing catastrophic jury verdicts for malpractice, many professionals are increasingly using liability-limiting language -- particularly waivers of punitive damages and alternate dispute resolution agreements. The current trend of the law seems increasingly toward allowing professionals to limit their liability through contractual agreement, but several regulatory agencies prohibit their use in certain circumstances. When an accountant is performing ordinary commercial services, such as management consultancy, there is no special concern, and liability-limiting language ought to be routinely enforced. The auditor-client relationship is not a fiduciary one, and the client risks only economic harm, not physical injury or death. If an agreement between an accountant and client turns out t...
... performing attest services include an exculpatory clause or a limitation of remedy in the engagement...
An exculpatory clause in a health club membership agreement barred the negligence claims of a member who was injured when an exercise bike malfunctioned, the New Jersey Supreme Court has ruled. The decision affirms a state appellate court ruling. (See "Exculpatory clause only covers ordinary negligence claims," Lawyers USA, Aug. 11, 2009.)
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