Older Nevada Supreme Court Decision holds releases are only proof of assumption of the risk if the release meets the assumption of risk requirements.

In Nevada to Assume the Risk, the plaintiff must voluntarily expose themselves to the risk and have actual knowledge of the risk.

Renaud v. 200 Convention Center Ltd. dba Flyaway, 102 Nev. 500; 728 P.2d 445; 1986 Nev. LEXIS 1623

State: Nevada, Supreme Court of Nevada

Plaintiff: Sherri Renaud

Defendant: Convention Center Ltd. dba Flyaway,

Plaintiff Claims: Negligence

Defendant Defenses: Release

Holding: For the Plaintiff

Year: 1986

Summary

Nevada Supreme Court holds a release is only proof of assumption of the risk and is NOT absolute proof. The defendant still must prove the plaintiff voluntarily assumed and have knowledge of the risk.

The good news is this decision has not been used in any additional Nevada decisions or a decision in any other state.

Facts

Plaintiff went to the defendant’s business wanting to experience a free fall simulator. Before participating, she signed a release.

After the plaintiff was injured and sued, the defendant filed a motion for summary judgment based on the release signed by the plaintiff. The motion was denied because it did not prove the plaintiff voluntarily assumed and understood the risks.

Analysis: making sense of the law based on these facts.

Under Nevada’s law, Assumption of the risk has a two-prong test to be proved.

First, there must have been voluntary exposure to the danger.

Second, there must have been actual knowledge of the risk assumed.

The plaintiff argued, and the Supreme Court agreed with her argument that she did not fully understand the risks of simulated free fall. That waiver of the facts, that can be interpreted in more than one way is enough to eliminate a motion for summary judgment.

So Now What?

Who knows why the Nevada Supreme Court made this decision. However, this shows the reason why you list the possible risks of your activity in your release. A pure legal document as a release can only be used as that, a pure legal release.

If the release is thrown out for any reason, if you have listed the risks of the activity in the release, you can argue it should be used to prove assumption of the risk.

Here when the court decides that a release is not longer a contract not to sue, but attempted proof of assumption of the risk, it becomes critical.

What do you think? Leave a comment.

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