Exculpatory Clause

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

• Fla. Power & Light Co. v. Mid-Valley, Inc.
  763 F.2d 1316· 11th Cir.· 1985-06-24 ·cited 8×
  A limitation of liability clause in a contract, when drafted with clear and unequivocal language specifically mentioning the engineer's negligence, can exculpate the engineer from damages caused by their own negligence, and a parent company can benefit from such a clause as an in
• Voisin v. O.D.E.C.O. Drilling Co.
  744 F.2d 1174· 5th Cir.· 1984-10-29 ·cited 8×
  An agreement by a stevedore to name a vessel owner as an additional insured on its liability insurance policies is not void under section 905(b) of the Longshoremen's and Harbor Worker's Compensation Act (LHWCA).
• Fattore Co., Inc. v. Metro. Sewerage Comm'n OF the Cnty. OF Milwaukee
  505 F.2d 1· 7th Cir.· 1974-10-25 ·cited 8×
  The court held that a "jury verdict" for damages is permissible when precise calculation is impossible, and that prejudgment interest is appropriate when the amount owed could have been reasonably ascertained.
• United States v. SS President van Buren
  490 F.2d 504· 9th Cir.· 1973-12-13 ·cited 8×
  The court held that the Port of Long Beach's pilotage services were noncompulsory and that its tariff's exculpatory provisions were valid and enforceable.
• Powell v. Cocowitch
  94 So. 2d 589· Fla.· 1957-03-13 ·cited 8×
  Nellie Powell and Clifford Cocowitch challenged the administration of their father's estate by the widow and co-trustee after thirteen years, seeking to remove trustees and recover allegedly misappropriated funds. The Florida Supreme Court affirmed the dismissal of the complaint,
• MVW Mgmt., LLC v. Regalia Beach Developers LLC
  230 So. 3d 108· Fla. 3d DCA· 2017-09-06 ·cited 7×
  MVW Management sought advancement of litigation fees and costs in a first-party dispute with its client Regalia Beach Developers. The Florida Third District Court of Appeal affirmed the trial court's denial, holding that MVW was neither a "Covered Person" under Regalia's operatin
• Burton v. Linotype Co.
  556 So. 2d 1126· Fla. 3d DCA· 1989-11-14 ·cited 7×
  A party cannot contractually thwart liability for its own fraud, and exculpatory clauses for negligence must be clear and unambiguous.
• Miami-Dade Water & Sewer Auth. v. Inman, Inc.
  402 So. 2d 1277· Fla. 3d DCA· 1981-08-11 ·cited 7×
  A disclaimer clause in a government contract is not invalid per se and can negate liability if the contractor is not misled by the contracting authority.
• Ralston, Inc. v. Elliot L. Miller
  357 So. 2d 1066· Fla. 3d DCA· 1978-04-25 ·cited 7×
  Appellants leased a hotel from appellee but were constructively and then actually evicted when the landlord failed to maintain the roof and building structure, resulting in water damage and a city safety order. The court reversed judgments dismissing the counterclaim and awarding
• Hopkins v. THE Boat Club, Inc.
  866 So. 2d 108· Fla. 1st DCA· 2004-02-10 ·cited 6×
  Ruby and Ronald Hopkins challenged a summary judgment enforcing exculpatory clauses they signed with The Boat Club, which released the boat club and its employee from liability for negligence. The court affirmed, holding that under federal maritime law, exculpatory clauses need n
• 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
• R.N. Stine v. Marathon OIL Co.
  976 F.2d 254· 5th Cir.· 1992-10-30 ·cited 6×
  The court held that the exculpatory clause in the Joint Operating Agreement protects the Operator from liability for acts taken in its capacity as Operator, unless those acts constitute gross negligence or willful misconduct. The court also held that there was insufficient eviden
• Wolff & Munier, Inc. v. The Whiting-Turner Contracting Co.
  946 F.2d 1003· 2d Cir.· 1991-10-15 ·cited 6×
  The court held that while both parties breached the subcontract, the district court erred in its calculation of damages for both parties, requiring a remand for recalculation under New York law.
• Frensley v. Nat'l Fire Ins. Co. of Hartford
  856 F.2d 1199· 8th Cir.· 1988-09-19 ·cited 6×
  The court held that exculpatory clauses in fair entry forms and booklets were valid and enforceable under Arkansas law, and that any errors in admitting or excluding evidence were harmless.
• Ins. Co. OF N. Am. & United States Fire Ins. Co. v. E.L. Nezelek, Inc.
  480 So. 2d 1333· Fla. 4th DCA· 1985-11-06 ·cited 6×
  The court held that the construction contract shifted responsibility for fire damage to the owner's insurers, preventing a subrogation action by the insurers against the contractor.
• 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.
• Kinkaid v. AVIS Rent-A-Car Sys., Inc.
  281 So. 2d 223· Fla. 4th DCA· 1973-08-06 ·cited 6×
• Moerman v. Zipco, Inc.
  430 F.2d 362· 2d Cir.· 1970-07-06 ·cited 6×
  The court denied the petition for rehearing, reaffirming its prior decision to affirm the lower court's judgment based on its well-reasoned opinion.
• Miss. Valley Barge Line Co. v. Inland Waterways Shippers Ass'n, Inc.
  289 F.2d 374· 8th Cir.· 1961-04-26 ·cited 6×
  A common carrier by water has a legal duty to properly stow, care for, and deliver cargo, and cannot escape liability for damages caused by negligence in these regards through exculpatory clauses in its bill of lading.
• Ins. Co. OF N. Am. v. Elgin
  229 F.2d 705· 7th Cir.· 1956-01-11 ·cited 6×
  An insurer, as a subrogee, cannot recover from a third party if the insured party had no right of action against that third party due to contractual limitations of liability.
• Fresnedo v. Porky's Gym III
  271 So. 3d 1185· Fla. 3d DCA· 2019-04-24 ·cited 5×
  Exculpatory clauses purporting to waive liability for negligence are strictly construed against the party seeking to rely on them and must be clear and unequivocal when read in their entirety, not in isolation. A waiver that addresses risks related to use of gym equipment in earl
• Hinely v. Fla. Motorcycle Training, Inc.
  70 So. 3d 620· Fla. 1st DCA· 2011-05-13 ·cited 5×
  Mary Hinely appeals a summary judgment dismissing her negligence suit against Florida Motorcycle Training, Inc. (FMT) based on an exculpatory clause in the motorcycle course registration agreement she signed. The court affirmed, holding that the waiver was clear and unambiguous a
• 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
• Papunen v. Bay Nat'l Title Co.
  271 So. 3d 1108· Fla. 3d DCA· 2019-02-20 ·cited 4×
  Matt Papunen purchased a foreclosed residential property and received a title insurance commitment that specifically required verification that no appeals or motions to vacate the foreclosure judgment had been filed. Bay National Title Company negligently failed to discover a doc
• Diodato v. Islamorada Asset Mgmt., Inc.
  138 So. 3d 513· Fla. 3d DCA· 2014-04-30 ·cited 4×
  Dominic Diodato, as personal representative of his wife's estate, appeals summary judgment for dive operators after his wife drowned during an advanced wreck dive. The court reverses, holding that whether pre-signed exculpatory releases covered the specific higher-risk activity o
• Dixie Lee Goeden v. CM III, Inc.
  756 So. 2d 1105· Fla. 3d DCA· 2000-05-10 ·cited 4×
  A release of liability signed by a plaintiff over twenty-one for a motorcycle safety course is valid and enforceable, even if the plaintiff's employer required attendance.
• Huggs, Inc. v. LPC Energy, Inc.
  889 F.2d 649· 5th Cir.· 1989-12-08 ·cited 4×
  The court held that exculpatory clauses in the contract shielded LPC from liability for lost leases due to mistake or oversight, but LPC's gross negligence in failing to notify Huggs of Lease 245's production cessation constituted a breach of contract and tort, and that a post-tr
• Smith v. Seaboard Coast Line R.R. Co.
  639 F.2d 1235· 5th Cir.· 1981-03-16 ·cited 4×
  The court held that the lease agreement's indemnity provisions clearly and unequivocally shielded the railroad from liability for fire damage to the plaintiff's property, even if caused by the railroad's negligence, and that the relevant Georgia statute did not apply to this leas
• Alderney Dairy Co., Inc. v. Hawthorn Mellody, Inc.
  643 F.2d 113· 3d Cir.· 1981-02-23 ·cited 4×
  The court held that the district court erred in granting summary judgment because the prior ruling in Hurd v. Hutnik established that Old Alderney breached its warranty regarding pension plan obligations prior to the sale date, and the contractual limitation period in paragraph 1
• PPG Indus., Inc. v. Ashland OIL Company-Thomas Petroleum Transit Div.
  592 F.2d 138· 3d Cir.· 1978-12-29 ·cited 4×
  The dissenting judge argues that the trial court erred in placing the burden of proof on the carrier to demonstrate due diligence after an excepted peril caused damage, and that the shipper failed to prove negligence.
• The DOW Chem. Co. v. M/V Charles F. Detmar, JR.
  545 F.2d 1091· 7th Cir.· 1976-12-06 ·cited 4×
  A towage contract's exculpatory clauses attempting to relieve the towing company of liability for its own negligence are void as against public policy, and ambiguous indemnity language is insufficient to overcome this rule in a towage contract.
• SUE & SAM Mfg. Co. v. B-L-S Constr. Co.
  538 F.2d 1048· 4th Cir.· 1976-04-21 ·cited 4×
  A permissive counterclaim requires an independent jurisdictional basis, and if the parties are from the same state, such a counterclaim cannot be adjudicated on the merits.
• Rutter v. Arlington Park Jockey Club
  510 F.2d 1065· 7th Cir.· 1975-02-04 ·cited 4×
  Under Illinois law, a contract providing fire protection but also exculpating the provider from liability for fire loss due to its negligence is enforceable, especially between parties of equal bargaining strength.
• Poche v. Leon Motor Lodge, Inc.
  275 So. 2d 55· Fla. 1st DCA· 1973-03-22 ·cited 4×
• D. R. Kincaid, Ltd. v. Trans-Pacific Towing, Inc.
  367 F.2d 857· 9th Cir.· 1966-10-19 ·cited 4×
  An exculpatory clause releasing a towing vessel from liability for negligence is invalid as against public policy, and a new trial is warranted if the trial court's findings of fact contain significant inaccuracies.
• Md. Cas. Co. v. Bank OF Charlotte
  340 F.2d 550· 4th Cir.· 1965-01-05 ·cited 4×
  A bank that applies a fiduciary's corporate checks to the fiduciary's personal debt, even without explicit knowledge of misappropriation, acts in bad faith under the Uniform Fiduciaries Act and is liable to the corporation for the misappropriated funds.
• H. K. Porter Co., Inc. v. Halperin
  297 F.2d 442· 7th Cir.· 1961-12-27 ·cited 4×
  The court held that circumstantial evidence was sufficient to prove negligence and causation for the fire, and that the trial court's calculation of damages was largely correct, though some additional salvage and disposal costs should be awarded.
• Okla. Contracting Co., Inc. v. Magnolia Pipe Line Co.
  195 F.2d 391· 5th Cir.· 1952-03-22 ·cited 4×
  The court held that the contract's exculpatory clauses excused the defendant from liability for damages caused by delays in pipe delivery, and that the trial court did not err in overruling motions to dismiss the declaratory judgment action.
• In re the Complaint of Royal Carribean Cruises Ltd.
  459 F. Supp. 2d 1275· S.D. Fla.· 2006-10-23 ·cited 3×
  The court held that a release signed by an adult is enforceable, but a parental pre-injury release for a for-profit activity is not enforceable against a minor. The doctrine of unseaworthiness does not apply to passengers.
• Southworth & McGILL, P.A. v. S. Bell Tel. & Tel. Co. & Bellsouth Advertising & Publ'g Corp.
  580 So. 2d 628· Fla. 1st DCA· 1991-03-01 ·cited 3×
  A law firm challenged an exculpatory clause in a yellow pages advertising contract that limited liability for publication errors, claiming unconscionability. The court affirmed that such clauses are enforceable against ordinary negligence under the majority view, but reversed as
• Allen v. S. Bell Tel. & Tel. Co.
  285 So. 2d 634· Fla. 1st DCA· 1973-11-20 ·cited 3×
  Appellant contracted with Southern Bell for yellow pages advertising but the telephone company erroneously inserted a competitor's contact information in his advertisement. The trial court granted summary judgment for Southern Bell based on a contractual limitation of liability c
• Peterson v. Flare Fittings, Inc.
  177 So. 3d 651· Fla. 5th DCA· 2015-10-09 ·cited 2×
  Owen Peterson appealed summary judgment orders granted in favor of Disney, Flare Fittings, and Crossfire Paintball after he was injured by a large balloon at an event. The Fifth District Court of Appeal reversed, finding that Disney's post-claim waiver was ambiguous and failed to
• Gillette v. ALL PRO Sports, LLC.
  135 So. 3d 369· Fla. 5th DCA· 2014-01-24 ·cited 2×
  A waiver and release form must clearly state the scope of negligence it intends to cover to be effective.
• 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
• JM Fam. Enters., Inc. v. Winter Park Imports, Inc.
  10 So. 3d 1133· Fla. 5th DCA· 2009-05-08 ·cited 2×
  The court affirmed the lower court's decision, holding that exculpatory clauses attempting to prospectively insulate a party from liability for violating statutes enacted to protect the public are generally unenforceable as against public policy.
• 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
• Pius Affolter v. Va. Key Marina
  601 So. 2d 1296· Fla. 3d DCA· 1992-07-07 ·cited 2×
  The court held that an exculpatory clause in a bailment contract must expressly state it covers the bailee's own negligence to be effective, and a vague reference to insurance does not shift the risk of loss to the bailor.
• Dynair Tech OF Fla., Inc. v. Cayman Airways Ltd.
  558 So. 2d 30· Fla. 3d DCA· 1989-12-05 ·cited 2×
  The appellate court reversed a jury verdict against a bailee in a negligence and breach of bailment action. The court found that the trial court erred by instructing the jury that the bailee was presumed negligent and had the burden of proving due care, when sufficient evidence h