Hanks v. Powder Ridge Restaurant Corp.
Citation and Court
885 A.2d 734 (Conn. 2005), Supreme Court of Connecticut
Facts
Hanks was injured while snow tubing at Powder Ridge ski area. Before participating, he signed an exculpatory agreement purporting to release Powder Ridge from liability for its own negligence. Hanks’s foot became caught in the snow and he suffered serious injuries. He sued Powder Ridge in negligence, and the defendant moved for summary judgment based on the release.
Issue
Whether an exculpatory clause signed by a patron of a recreational business is enforceable to bar a negligence claim against that business.
Holding
The court held that the exculpatory clause was unenforceable as against public policy, and that Powder Ridge could not use the release to escape liability for its own negligence in operating the snow tubing facility.
Rule / Doctrine
Exculpatory clauses that purport to release a party from liability for its own negligence are disfavored and will be invalidated as against public policy when they involve a business that holds itself open to the public for a recreational service, the parties have unequal bargaining power, and enforcement would result in the negligent party escaping responsibility for harm caused to the public.
Significance
Hanks is a prominent case limiting the enforceability of liability waivers in the recreational business context. It illustrates that freedom of contract yields to public policy when businesses providing public recreational services attempt to use take-it-or-leave-it releases to immunize themselves from negligence liability.