Minnesota Court of Appeals Decides Liability Waiver Issue

In Justice v. Marvel, LLC, A20-1318 (Minn. App. July 19, 2021), the court of appeals decided several issues related to the enforceability of liability waivers.

First, the court held that a “parent is authorized to sign, on behalf of his or her own minor child, an exculpatory clause that releases a negligence claim against a third-party.” The court further held that if “the exculpatory clause is valid and enforceable, it is binding on the child after the child becomes an adult.”

Second, the court held that an “exculpatory clause that is overly broad because it purports to release claims of intentional, willful, or wanton negligence is valid and enforceable to the extent that a plaintiff has alleged a claim of ordinary negligence but is invalid and unenforceable to the extent that a plaintiff has alleged a claim of greater-than-ordinary negligence.”

A petition for further review was filed in August 2021 and as of this writing the Supreme Court has not decided whether to review the case.

For more information about this or any other civil litigation issues, please contact attorney Daniel J. Bellig at 507-625-2525 or by email.