Ct. Supreme Court rules recreation facility's liability waiver is not enforceable

A liability waiver signed by a customer of a snow tubing facility was invalid, the Connecticut Supreme Court has ruled.

The plaintiff and his family went to a Connecticut recreational facility for a day of snowtubing. In order to be allowed to enter the run, the plaintiff was required to sign a liability waiver providing that he fully assume[d] all risks associated with snowtubing, even if due to the negligence of the defendants.

During the outing, the plaintiff's right foot became caught between his snowtube and the man-made bank of the snowtubing run, resulting in serious injuries which required a number of surgeries to repair.

The plaintiff sued the defendant for negligence. A trial court entered summary judgment for the defendant, finding that the liability waiver in the parties' agreement barred the negligence claim as a matter of law.

But the Connecticut Supreme Court disagreed.

If ... defendants were permitted to obtain broad waivers of their liability an important incentive for ski areas to manage risk would be removed, with the public bearing the costs of the resulting injuries. ... [I]t is illogical to permit snowtubers, and the public generally to bear the costs of risks they have no ability or right to control. ...

We conclude that the agreement in the present matter affects the public interest adversely and, therefore, is unenforceable because it violates public policy.

The court said that this was the minority view.

Hanks v. Powder Ridge Restaurant Corp. (Lawyers Weekly USA No. 9932205 (majority); 9932206 (dissent)) Connecticut Supreme Court No. SC17327. Nov. 29, 2005.