Waiver Of Liability

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

• Middleton v. Lomaskin
  266 So. 2d 678· Fla. 3d DCA· 1972-09-19 ·cited 58×
  Tenant Middleton appealed a summary judgment dismissing his personal injury claim against his landlords, arguing that the lease's exculpatory clause waiving liability for the landlords' negligence was either inapplicable or void as against public policy. The Florida appellate cou
• Sabina van Tuyn v. Zurich Am. Ins. Co.
  447 So. 2d 318· Fla. 4th DCA· 1984-02-15 ·cited 55×
  Sabina Van Tuyn sued Club Dallas and its insurer after falling from a mechanical bull ride. The defendants obtained summary judgment based on an exculpatory waiver and assumption of risk defense. The court reversed, holding that the waiver did not clearly release defendants from
• Gaynell McCUIN v. Sec'y OF Health & Human Servs.
  817 F.2d 161· 1st Cir.· 1987-04-14 ·cited 38×
  The court held that the Medicare statute does not bar federal question or mandamus jurisdiction for challenges to the Secretary's procedural reopening regulations, even if the underlying claim amount would otherwise preclude judicial review.
• The Tokio Marine & Fire Ins. Co. v. McDONNELL Douglas Corp.
  617 F.2d 936· 2d Cir.· 1980-03-06 ·cited 38×
  The court held that a broad contractual disclaimer of warranties and liabilities, including negligence and consequential damages, barred claims for breach of warranty, strict tort liability, negligent misrepresentation, and failure of essential purpose in a commercial transaction
• Thompson v. Nat'l R.R. Passenger Corp. & Louisville & Nashville R.R. Co.
  621 F.2d 814· 6th Cir.· 1980-05-21 ·cited 24×
  The court held that contractual provisions shielding carriers from liability for negligence are legally effective.
• A-T-O, Inc. v. Pension Benefit Guar. Corp.
  634 F.2d 1013· 6th Cir.· 1980-11-12 ·cited 20×
  The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
• City OF Miami v. Cisneros
  662 So. 2d 1272· Fla. 3d DCA· 1995-09-13 ·cited 16×
  The City of Miami appeals a negligence judgment against it for injuries sustained by an 11-year-old football player. The court affirms, holding that while participation in contact sports may constitute assumption of inherent risks, it does not shield a coach from liability for ne
• Banfield v. Songea Louis
  589 So. 2d 441· Fla. 4th DCA· 1991-11-20 ·cited 16×
  Susan Banfield sued the sponsors, organizers, and promoters of a triathlon after being struck by a motor vehicle during the Fort Lauderdale race, claiming negligence. The trial court granted summary judgment in favor of all defendants except the driver, holding that the waiver Ba
• UCF Athletics Ass'n Inc. v. Enock Plancher as Personal
  121 So. 3d 1097· Fla. 5th DCA· 2013-08-16 ·cited 11×
  UCF Athletics Association, a direct-support organization created by UCF to administer its athletics department, appeals a $10 million negligence judgment arising from the death of student-athlete Ereck Plancher during football practice. The court upheld the trial court's finding
• Krathen v. The Sch. Bd. OF Monroe Cnty.
  972 So. 2d 887· Fla. 3d DCA· 2007-10-03 ·cited 10×
  A parent can bind their child to a pre-incident release of liability for negligence in connection with participation in a school-sponsored activity deemed beneficial by the parent.
• Vicente L. Morta v. Korea Ins. Corp.
  840 F.2d 1452· 9th Cir.· 1988-02-26 ·cited 10×
  The court should affirm the lower court's decision because it was based on a tenable theory and was not manifestly erroneous, particularly in light of the interpretation of Guam Civil Code § 1542.
• In re Gulf & Midlands Barge Line, Inc. v. The TUG Ramrod
  509 F.2d 713· 5th Cir.· 1975-03-17 ·cited 9×
  The court held that the 'Government-furnished Property Form' (Long Form) shifted the risk of loss to the government, even for losses caused by the tug's crew negligence, and the indemnity provision only covered unseaworthiness, not general negligence.
• Henderson v. Carnival Corp.
  125 F. Supp. 2d 1375· S.D. Fla.· 2000-09-29 ·cited 8×
  Summary judgment is granted for the defendant because the plaintiffs failed to present evidence rebutting the defendant's claim of independent operators and the ticket disclaimer is valid.
• Tex. Med. Ass'n v. Louis W. Sullivan, M.D.
  875 F.2d 1160· 5th Cir.· 1989-06-27 ·cited 8×
  The court held that 42 U.S.C. § 1395ff precludes judicial review of challenges to the reopening and calculation of Medicare payments, as these matters fall within the exclusive purview of administrative hearing officers.
• Kraemer v. Heckler
  737 F.2d 214· 2d Cir.· 1984-06-12 ·cited 8×
  A Utilization Review Committee's determination of medical necessity for Medicare benefits is not 'state action' because it is based on private professional medical judgment, not government dictate.
• Maiatico v. HOT Shoppes, Inc.
  287 F.2d 349· D.C. Cir.· 1961-02-23 ·cited 7×
  A lease provision obligating the landlord to repair fire damage does not, without clear and unambiguous language, waive the landlord's right to sue the tenant for negligence causing the fire.
• C. W. Regan, Inc. v. Parsons
  411 F.2d 1379· 4th Cir.· 1969-06-13 ·cited 6×
  The court held that the engineer Parsons was not liable due to lack of contractual duty and that the contractor Diamond was entitled to a new trial due to errors in jury instructions and the impracticality of split trials in mixed causation cases.
• Genung v. Loftin
  152 Fla. 759· Fla.· 1943-04-27 ·cited 6×
  The terms of the release executed by the plaintiff bar his recovery in this suit.
• 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
• State of Tex. & Tex. Dep't of Human Res. v. United States & U.S. Dep't of Agric.
  951 F.2d 645· 5th Cir.· 1992-01-28 ·cited 4×
  The court held that the Food Stamp Appeals Board's decision regarding waiver of liability was committed to agency discretion and not subject to judicial review, but reversed the award of prejudgment interest against the state.
• Am. Ambulance Serv. of Pa. v. Sullivan
  911 F.2d 901· 3d Cir.· 1990-08-14 ·cited 4×
  The court held that AASI's challenges to the Medicare Carrier Manual provisions and HCFA Regional Letter constituted a challenge to the method of claim determination, not merely the application of those methods to specific cases, thus conferring subject matter jurisdiction.
• Wolters Vill. Mgmt. Co. v. The Merchs. & Planters Nat'l Bank OF Sherman
  223 F.2d 793· 5th Cir.· 1955-05-25 ·cited 4×
  The court held that while the petitioner appealed the entire judgment, it failed to properly specify error regarding the allocation of funds to Graybar, but the court elected to notice the plain error of allowing Graybar to recover on its assignment, which was subject to setoff.
• Myers Motors, Inc. v. Kaiser-Frazer Sales Corp.
  178 F.2d 291· 8th Cir.· 1949-11-29 ·cited 4×
  The court held that the franchise agreements' termination clauses, which waived liability for damages due to termination, were enforceable and barred the plaintiff's claim for undelivered automobiles.
• Hendry v. Atl. Dredging & Constr. Co.
  140 Fla. 330· Fla.· 1939-10-20 ·cited 3×
  J.B. Hendry appeals a judgment upholding defenses to his complaint alleging damages to pasture lands from flooding caused by defendant's dredging operations on the Caloosahatchee River under a U.S. Government contract. The Florida Supreme Court affirms the lower court's judgment,
• Buscemi v. Pranee Intachai
  730 So. 2d 329· Fla. 2d DCA· 1999-03-03 ·cited 2×
  Frank Buscemi, a financial planner with legal education but no law license, was held liable for negligently advising a client on divorce matters. The court affirmed a $675,000 judgment, rejecting Buscemi's arguments that a nonlawyer cannot be liable for legal advice and that a no
• Krazek v. Mountain River Tours, Inc.
  884 F.2d 163· 4th Cir.· 1989-09-08 ·cited 2×
  An anticipatory release agreement, which broadly waives all claims and does not limit itself to inherent risks, is sufficient to bar a negligence action, even without explicitly mentioning the word 'negligence'.
• Adelaide Viola Gonzales v. The Baltimore & Ohio R.R. Co.
  318 F.2d 294· 4th Cir.· 1963-05-23 ·cited 2×
  A railroad is relieved of liability for ordinary negligence when a passenger is injured while using a free pass containing a liability waiver provision, provided the passenger was using the carrier's services or facilities.
• Moreau v. Feld Motor Sports, Inc.
  M.D. Fla.· 2025-07-30
  The court held that releases signed by the plaintiff were ratified and enforceable against ordinary negligence claims, but not gross negligence claims. Summary judgment was granted in part and denied in part on various motions.
• Edelman v. MSC Cruises S.A.
  S.D. Fla.· 2025-04-28
  The court granted in part and denied in part Plaintiff's motion to strike Defendant's affirmative defenses, striking some as impermissible under maritime law and treating others as mere denials.
• Moreau v. Feld Ent., Inc.
  M.D. Fla.· 2024-08-27
  The court held that the Defendant American Motorcyclist Association's motion to dismiss Plaintiff's third amended complaint is denied, as the waiver of liability is not clearly established as ratified and the claims for negligence and punitive damages are sufficiently pleaded.
• Larsens Auto., LLC. v. Haberkorn
  326 So. 3d 785· Fla. 2d DCA· 2021-08-20
  The appellate court reversed a lower court's judgment in favor of a vehicle owner against a towing company. The court held that the towing statute in question does not create a private civil cause of action for violations, meaning the owner could not sue for damages under that sp
• Entourage Custom Jets, LLC v. Air One MRO, LLC
  S.D. Fla.· 2020-05-08
  The court held that genuine issues of material fact preclude summary judgment on claims involving contract interpretation, delegation of security duties, caveat lessee, and insurance coverage.
• Barth
  Del. Super. Ct.· 2017-11-29
  The Court held that while a waiver of liability can bar claims for negligence, it does not extend to claims of recklessness. Furthermore, the doctrine of implied primary assumption of risk, which applies to certain sports, also does not insulate a tortfeasor from liability for in
• Naylor v. Dist. Bd. OF Trs.
  839 So. 2d 915· Fla. 5th DCA· 2003-03-14
  Jennifer Naylor sought to recover for injuries sustained during police officer training at Valencia Community College despite signing a general release. The court affirmed the validity of the release but certified to the Florida Supreme Court the important public policy question
• Kosulandich v. Survival Tech., Inc.
  997 F.2d 431· 8th Cir.· 1993-07-02
  The court held that Missouri's employment at-will doctrine does not provide a cause of action for wrongful discharge when employees are terminated for filing for unemployment benefits, as the relevant statutes do not contain an anti-retaliation provision.
• Martin Marietta Corp. v. Int'l Telecomms. Satellite Org.
  978 F.2d 140· 4th Cir.· 1992-10-21
  The court held that ambiguities in the contract precluded dismissal of the breach of contract claim and that the Commercial Space Launch Act Amendments did not override Maryland law regarding waivers of gross negligence. The court affirmed dismissal of negligence and negligent mi
• Dant & Russell, Inc. v. Dillingham TUG & Barge Corp.
  895 F.2d 507· 9th Cir.· 1989-06-16
  The court should have considered Fireman's Fund's claim that its waiver of subrogation was procured by fraud.
• Carr v. Korkow Rodeos
  788 F.2d 485· 8th Cir.· 1986-04-07
  The court held that South Dakota law requires a pro tanto reduction of a jury verdict by the amount paid in settlement by joint tortfeasors, rather than a pro rata reduction based on their theoretical share of fault, when relative fault has not been adjudicated.
• United States v. Garrahan
  614 F. Supp. 152· N.D. Fla.· 1985-06-25
  The United States is entitled to recover VA educational benefits paid to a veteran for courses from which the veteran withdrew and received no academic credit, absent mitigating circumstances or a waiver request.
• Harry v. Rubin
  292 So. 2d 60· Fla. 4th DCA· 1974-03-29
• Garretson v. The United States
  456 F.2d 1017· 9th Cir.· 1972-03-13
  A release signed by a participant in an amateur ski-jumping tournament, releasing sponsors from liability for injuries sustained, is valid and enforceable under Washington law if it is reasonable and does not fall greatly below the legal standard of care.
• Schell v. Ford Motor Co.
  270 F.2d 384· 1st Cir.· 1959-09-01
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding the plaintiff's claim of fraudulent misrepresentation in signing a waiver of liability.