Release for bicycle tour wins on appeal but barely
Posted: May 20, 2013 Filed under: Case Analysis, Cycling, Florida, Release (pre-injury contract not to sue) | Tags: Defendant, Florida, Law, Lawsuit, Negligence, Plaintiff, Trial court, United States Leave a commentIf the release were written properly, the appeal would not have occurred; maybe the lawsuit would not have occurred.
The decision from the Florida Court of Appeals looks at a release sued by the defendant bicycle tour company. An accident occurred when the front wheel fell off the bike injuring the plaintiff.
There are few facts in the decision. It is not clear if it was purely a bike rental or was a bike tour that included bikes. It appears it was a tour. Nor does the case describe how the wheel fell off or the injuries of the plaintiff.
At the trial court, the case went to trial with a jury decision for the defendant.
The jury found that the agreement signed by the Schecters released Travent from “any acts of negligence,” and that there was no negligence on Travent’s part legally causing damage to the Schecters.
Post-trial the plaintiff filed several motions to have the jury verdict reversed for a new trial. A new judge granted the motion for a new trial finding the release at issue failed to contain specific unambiguous language needed under Florida’s law for a release to be valid.
The defendant appealed.
Summary of the case
The plaintiff’s argument on appeal was the language of the release at issue did not have the necessary language. However, the court found the argument and the cases cited by the plaintiff to not be similar to the release at question.
Releases are valid under Florida’s law: “… waivers or exculpatory clauses are “valid and enforceable in Florida if the intent to relieve a party of its own negligence is clear and unequivocal.”
The release in question used the word negligence and relieved the defendant of all liability.
So Now What?
The entire release quoted by the court consisted of one paragraph. It is not clear if the release was longer or contained any other language; however, based on how the court quoted the release it does not appear to be.
The release squeaked through after spending thousands of dollars to defend and probably three or more years of time.
If you have your release properly written it is going to be much longer than one paragraph. That length may add three or more years to your life that do not contain litigation.
Plaintiff: Mark Schecter and Karen Schecter
Defendant: Travent, Ltd.
Plaintiff Claims: Negligence
Defendant Defenses: Release
Holding: For the defendant. The release was sufficient to stop the claims.
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