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Gross-negligence waivers are unenforceable, says California high court.

Publication: Trial
Publication Date: 01-OCT-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Releases of liability for future gross negligence violate public policy and are unenforceable, the California Supreme Court held in a wrongful death suit against the city of Santa Barbara for a developmentally disabled teen's drowning in a municipal swimming pool.

The decision is likely to have an impact beyond California, as the court drew on case law from other states and looked to their experiences to reject the defendants' argument that a finding that gross-negligence waivers are unenforceable would trigger a wholesale elimination of recreational services. (City of Santa Barbara v. Super. Ct., 161 P.3d 1095 (Cal. 2007).)

Fourteen-year-old Katie Janeway, who suffered from cerebral palsy and epilepsy, among other disabilities, drowned while swimming at a city-sponsored...

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