Posted January 14, 2010

Torts - Releases


Fifth DCA Finds Exculpatory Clause Of A Release Form Ambiguous Because It Failed To Define Whose Injuries Were Covered By The Exculpatory Clause

Tatman v. Space Coast Kennel Club, Inc., Et. Al.,
35 Fla. L. Weekly D76a (Fla. 5th DCA, December 31, 2009)
Submitted by  Dorothy Venable DiFiore

In the case at bar, Plaintiff was attending a dog show because she intended to have a dog she owned participate in the function and be shown by her daughter. Plaintiff was required sign an entry form in order to enter her dog into the show. The relevant part of the form stated, "I agree to not hold SCKC or Brevard County Parks & Rec. Dept. liable for any accident or injury." While walking in a public area of the show, Plaintiff was bitten by another dog entered into the show. The Court cited to previous holdings (citations omitted) and stated that "exculpatory clauses are enforceable only where and to the extent that the intention to be relieved from liability is made clear and unequivocal. The wording must be so clear and understandable that 'an ordinary and knowledgeable person will know what he is contracting away.' "   The Court found the exculpatory clause here failed to meet the requirements of clarity and precision. It failed to define whose injuries were covered by the exculpatory clause (the owner's, the dog's, or both). It failed to exculpate injury caused by a dog to a third party. It also failed to define exculpated injuries to the signer not associated or cause by a dog (like slip and fall). The Court concluded that the exculpatory clause was ambiguous for the above reasons and, therefore, not enforceable.

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