Exculpatory Clause Enforceability

29 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Mankap Enters., Inc. v. Wells Fargo Alarm Servs.
  427 So. 2d 332· Fla. 3d DCA· 1983-03-01 ·cited 41×
  Mankap Enterprises sued Wells Fargo Alarm Services for damages resulting from a failed burglar alarm system, alleging intentional misrepresentation, negligence, and unconscionable exculpatory clauses. The appellate court affirmed summary judgment on the negligence and unconsciona
• Sanislo v. Give Kids THE World, Inc.
  157 So. 3d 256· Fla.· 2015-02-12 ·cited 32×
  The Florida Supreme Court held that an exculpatory clause need not contain express language referring to 'negligence' or 'negligent acts' to be effective in barring a negligence action, provided the clause's language otherwise clearly and unambiguously demonstrates an intent to r
• Cain v. Banka
  932 So. 2d 575· Fla. 5th DCA· 2006-06-30 ·cited 30×
  In this appeal, the Fifth District Court of Appeal reversed summary judgment and held that a general exculpatory release signed in 1999 was unenforceable to bar a negligence claim arising from a 2002 motocross accident. The court found that the release lacked clear and unequivoca
• Orkin Exterminating Co., Inc. v. Montagano
  359 So. 2d 512· Fla. 4th DCA· 1978-05-23 ·cited 29×
  Orkin appeals from a jury verdict awarding a homeowner $9,554 for termite damage caused by defective treatment, arguing an exculpatory clause in the termite agreement limited its liability to re-treatment only. The court affirmed, holding that while Florida recognizes exculpatory
• Rosenberg v. Cape Coral Plumbing, Inc.
  920 So. 2d 61· Fla. 2d DCA· 2005-12-28 ·cited 28×
  Rosenberg, a general contractor, appealed a trial court's grant of summary judgment in favor of Cape Coral Plumbing following a flood that caused $70,000 in damages to a house under construction. The appellate court reversed in part, finding that genuine issues of material fact e
• Applegate v. Cable Water SKI, L.C.
  974 So. 2d 1112· Fla. 5th DCA· 2008-01-04 ·cited 21×
  A Florida appellate court held that exculpatory clauses signed by parents on behalf of children are not enforceable against commercial enterprises in personal injury cases, aligning with national precedent and Florida's strong public policy protecting children from harm. The cour
• Greater Orlando Aviation Auth. v. Bulldog Airlines, Inc.
  705 So. 2d 120· Fla. 5th DCA· 1998-01-23 ·cited 13×
  Bulldog Airlines sued Greater Orlando Aviation Authority for damages caused by debris from an airport construction project, claiming negligence, breach of contract, and third-party beneficiary status. The appellate court reversed the jury verdict, holding that the Space and Use A
• Deboer v. Fla. Offroaders Driver's Ass'n, Inc.
  622 So. 2d 1134· Fla. 5th DCA· 1993-08-13 ·cited 13×
  A personal representative of a spectator who was killed at an off-road racing event challenged a summary judgment dismissing the wrongful death claim based on a signed release and waiver. The court affirmed the summary judgment, holding that the release was sufficiently clear and
• Cont'l Video Corp. v. Honeywell, Inc.
  422 So. 2d 35· Fla. 3d DCA· 1982-10-12 ·cited 13×
  An exculpatory clause in a burglar alarm service contract that limits liability and includes a liquidated damages cap is valid and enforceable despite claims of unequal bargaining power or public policy violations.
• Orduna S.A. v. Zen-Noh Grain Corp.
  913 F.2d 1149· 5th Cir.· 1990-10-05 ·cited 12×
  A charter party's safe berth clause imposes a duty of due diligence on the charterer to select a safe berth, not a warranty of safety. The district court abused its discretion in denying prejudgment interest.
• Michel v. Merrill Stevens DRY Dock Co.
  554 So. 2d 593· Fla. 3d DCA· 1989-12-19 ·cited 9×
  The Third District Court of Appeal reversed a summary judgment in favor of a dry dock company, holding that an exculpatory clause in a ship repair contract was ambiguous and therefore unenforceable to bar liability for ordinary negligence and breach of contract. The court rejecte
• Pier 1 Cruise Experts v. Revelex Corp.
  929 F.3d 1334· 11th Cir.· 2019-07-11 ·cited 8×
  Pier 1 Cruise Experts, a Brazilian travel agency, hired Revelex Corporation to develop a website with Portuguese-language content and Brazilian currency pricing for online cruise bookings, but the software remained incomplete after nearly a year. The Eleventh Circuit affirmed the
• Brooks v. Michael D. Paul, M.D.
  219 So. 3d 886· Fla. 4th DCA· 2017-06-07 ·cited 8×
  Myra Brooks sued neurosurgeon Michael D. Paul for medical malpractice after her ureter was injured during spinal fusion surgery. The defendant moved for summary judgment based on a pre-surgery release agreement, which the trial court found unambiguously waived negligence claims.
• Muns v. Shurgard Income Props. Fund 16-Limited P'ship
  682 So. 2d 166· Fla. 4th DCA· 1996-09-18 ·cited 6×
  A self-storage lessor limited damages for wrongful foreclosure of a tenant's property to $250 through an exculpatory clause in the lease. The tenant appealed a summary judgment upholding the damage cap and dismissal of statutory, negligence, and fraud claims. The court affirmed t
• Fed. Deposit Ins. Corp. v. CARRÉ
  436 So. 2d 227· Fla. 2d DCA· 1983-07-01 ·cited 6×
  The Federal Deposit Insurance Corporation appealed a jury verdict finding Metropolitan Bank negligent in allowing unauthorized access to Carré's safe deposit box. The court reversed, holding that the bank's partial exculpatory clause limiting liability to gross negligence, fraud,
• B.H. Morton and Thomas Kent v. Zidell Explorations, Inc.
  695 F.2d 347· 9th Cir.· 1982-10-27 ·cited 6×
  Exculpatory clauses in ship repair contracts are enforceable absent evidence of overreaching, and evidence of a party's insurance is admissible to prove the existence and binding effect of a contract.
• In re the Complaint of Royal Caribbean Cruises Ltd.
  403 F. Supp. 2d 1168· S.D. Fla.· 2005-11-18 ·cited 5×
  The court held that a father's waiver of liability is enforceable for his own claims but not for his minor son's claims, and that the negligence claim fails because the alleged minor operator was not a minor.
• Diveston Merlien v. JM Fam. Enters., Inc.
  301 So. 3d 1· Fla. 4th DCA· 2020-07-22 ·cited 4×
  An exculpatory clause in an employment agreement waiving the right to sue a security company's clients for work-related injuries covered by workers' compensation is unambiguous and enforceable. The waiver does not violate Florida public policy because it does not prevent the quic
• Hackett v. Grand Seas Resort Owner's Ass'n, Inc.
  93 So. 3d 378· Fla. 5th DCA· 2012-06-22 ·cited 2×
  Richard Hackett, a time-share owner at Grand Seas Resort, sued for negligence after falling from a collapsed chair on a unit patio. The trial court granted summary judgment in favor of Grand Seas based on an exculpatory clause in the Guest License Agreement Hackett signed. The ap
• Mimi Shaw and her husband Perry Shaw v. Premier Health & Fitness Ctr., Inc.
  937 So. 2d 1204· Fla. 1st DCA· 2006-09-18 ·cited 2×
  Mimi and Perry Shaw challenged a fitness center's liability waiver in their negligence suit, arguing the waiver language was not clear and unequivocal in releasing the fitness center from its own negligent acts. The First District Court of Appeal affirmed summary judgment, holdin
• Elalouf v. Sch. Bd. of Broward Cnty.
  311 So. 3d 863· Fla. 4th DCA· 2021-01-06 ·cited 1×
  A pre-game release signed by a high school athlete and his parent is unambiguous and enforceable when it clearly releases the school board from liability for any injury or claim resulting from athletic participation, even though the release emphasizes inherent dangers and risks t
• Obsessions in Time v. Jewelry Exch. Venture
  247 So. 3d 50· Fla. 3d DCA· 2018-05-09 ·cited 1×
  An exculpatory clause in a lease agreement is ambiguous and unenforceable when it simultaneously absolves the lessor of all liability for loss or damage while also imposing a duty to exercise ordinary care to prevent unauthorized access to stored items. Exculpatory clauses must b
• Flying Panda Fla., LLC v. Rutherford
  Fla. 5th DCA· 2024-02-23
  The appellate court reversed a trial court's decision that deemed an exculpatory waiver void, finding that the validity of the waiver should have been decided by an arbitrator, not the trial court. The court emphasized that challenges to the contract as a whole, rather than speci
• THE Est. of Nicholas Adam Blakely v. Stetson Univ., Inc.
  Fla. 5th DCA· 2022-12-30
  An exculpatory clause in an athletic participation release is unenforceable when it fails to expressly state that the signatory is waiving the right to sue for the defendant's negligence, especially when combined with language requiring compliance with the defendant's instruction
• Harrell v. BMS P'rs, LLC
  Fla. 4th DCA· 2022-11-02
  The appellate court reviewed a trial court's dismissal of a lawsuit based on an exculpatory clause in a motorcycle sales contract. The court affirmed the dismissal of negligence claims but reversed the dismissal of strict products liability claims, finding the clause did not appl
• Savoia v. Fitness Int'l, LLC
  Fla. 4th DCA· 2019-12-18
  Summary judgment was improper because genuine issues of material fact remain regarding whether the defendant prevented the plaintiff from reading the exculpatory clause or induced him not to read it through misrepresentation about the contract's scope. A party may defend against
• Casasanta v. Sailshare 296 LLC
  274 So. 3d 418· Fla. 1st DCA· 2019-04-16
  Appellant challenged summary judgment orders favoring property owners in a negligence action arising from a collapsed picket fence. The court affirmed the summary judgment, holding that the exculpatory clause in the residential lease unambiguously relieved the defendants of liabi
• Casasanta v. Sailshare 296 LLC
  Fla. 1st DCA· 2018-12-27
  Appellant challenges summary judgment orders granted in favor of property owner and manager, arguing an exculpatory clause in a residential lease agreement was ambiguous and unenforceable. The court affirmed summary judgment, holding the exculpatory clause was sufficiently clear
• Grove Key Marina, Inc. v. Horne
  45 Fla. Supp. 203· Fla. Cir. Ct.· 1977-04-21
  Grove Key Marina appeals a judgment awarding damages to boat owner Clifford Horne for theft of equipment from his boat stored at the marina. The court holds that the marina's exculpatory clause in the storage contract is enforceable and shields the marina from liability for losse