Exculpatory Clauses will be Strictly Construed to Determine Enforceability

Do you know what an exculpatory clause is? My guess is that you signed more than one document with such a clause even if you are unfamiliar with what the clause is called. I know I have signed way more than one document with such a clause. An exculpatory clause is basically a full-blown liability waiver / damages waiver and release clause that you are signing on the frontend before an incident may occur. However, because of the devastatingly harsh effect these clauses can have if an incident does occur (by serving as a get out of jail free cause...

08 June

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Exculpatory Clauses MUST be Clear and Unequivocal

Posted by David Adelstein

in Trial Perspectives

I am not telling you anything you do not already know, but it is important to read and appreciate the documents you sign. Likewise, it is important to give due consideration to the documents you prepare or have prepared that you want another to sign. Such documents are intended to have legal effect. By way of example, in Fresnedo v. Porky’s Gym III, Inc., 44 Fla. L. Weekly D1029a (Fla. 3d DCA 2019), the plaintiff sued his gym in negligence claiming he was injured by another person in the gym after this other person attacked him. The gym relied on a...