Miami Associate Andrea Newport-Jones recently prevailed at summary judgment in a catastrophic go-kart incident in Miami-Dade County.
CSK defended the go-kart facility. The Plaintiff signed a waiver before getting on the track, that contained a very detailed release of liability. Thereafter, the Plaintiff claimed that another go-kart was faulty which led to her being hit by said go-kart and causing injuries. The main issue in this matter was the enforceability of exculpatory clause as it applies to negligence claims.
Plaintiff’s counsel argued that the waiver did not specifically include a release of liability for the specific event alleged in their Complaint, namely, that the go-kart was faulty. However, we countered that the release encompassed language that protected our client from liability for any and all injuries sustained as a result of using the go-kart facilities. Relying on binding Florida case law, we argued that the exculpatory clause was clear and understandable, such that an ordinary and knowledgeable person would understand what they are contracting away.
The Judge agreed that the Plaintiff clearly and unambiguously understood the assumption of risks when she signed the release and ruled the exculpatory clause enforceable, despite Plaintiff’s protests.
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