Brief Fact Summary. Plaintiff purchased an ATV and attended an ATV rider safety course where she hit a rock, was thrown from the ATV and injured.Â Prior to the class she had signed a release and consent form.Â She sued Defendants for negligence.Â The court ultimately held that the hidden rock on the ATV course was an unreasonable risk not within the scope of the release.
Synopsis of Rule of Law. An exculpatory release for a dangerous activity releases the providing party from the risks inherent in that activity and ordinary negligence associated with those inherent risks.Â However, an injured party may still have recourse if her injuries were caused by unreasonable risks or unnecessary dangers that are not inherent in the activity.
Issue. Â Whether the scope of an exculpatory release for an ATV rider safety course includes liability for general negligence unrelated to the risks inherent in the safety course.
Held. No.Â First, the court analyzed that the signed release did not violate public policy because the ATV safety course was voluntary for ATV purchasers, thus the class providers did not have a âdecisive advantage of bargaining strengthâ in requiring the release for participation.Â Second, the court discussed the language of the release, which released the course providers from liability and damages âarising out of participation in the ATV RiderCourse.âÂ Based on that language, the court held that Moore released the class provider only from the inherent risks of ATV riding and ordinary negligence associated with those inherent risks.Â The court concluded that holding a safety course on an unreasonably risky course may give rise to Defendants’ liability even if encountering rocks is generally an inherent risk of ATV riding.Â Reversed and remanded.
Discussion. This decision stands for the proposition that while people may contractually waive their right to sue for damages caused by the ordinary negligence of others, such pre-injury releases are unenforceable if they offend public policy, or if they are ambiguous.Â Moreover, even if a release comports with public policy, a court must determine whether the risk that caused the injury was within the scope of the release, or was an unnecessary danger.