Personal Injury Exculpatory Clauses: Enforceability Pitfalls, State Public Policy, Novel Risks, and Foreseeability
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel in personal injury cases in interpreting, challenging, or defending exculpatory clauses, the use of which invites a whole host of legal issues and public policy concerns. The program will explore the difference between exculpation from liability arising out of a familiar activity with a well defined set of risks with exculpation for injuries from novel and undefined risks. The program will discuss how exculpatory clauses fare in real world contexts--such as commercial leases, product liability, healthcare, and sports.
- Types of exculpatory agreements
- Defeating exculpatory agreements
The panel will review these and other key issues:
- What is the primary reason that exculpatory provisions are found unenforceable?
- Is a release signed by parents effective for minors?
Thomas M. Bond
The Kaplan/Bond Group
Mr. Bond is a trial lawyer and proctor in admiralty who has specialized in litigation for over thirty years. His trial... | Read More
Mr. Bond is a trial lawyer and proctor in admiralty who has specialized in litigation for over thirty years. His trial practice, includes Admiralty and Maritime Law, Construction, Product Liability, Automobile, Personal Injury and General Liability.Close
Michele P. Frisbie
Marshall Dennehey Warner Coleman & Goggin
Ms. Frisbie defends a wide variety of cases and has a special interest in working closely with professionals to achieve... | Read More
Ms. Frisbie defends a wide variety of cases and has a special interest in working closely with professionals to achieve the successful, cost-effective defense of suits against specialists such as those involved in the sale, appraisal and management of real estate; insurers and insurance brokers and agents; attorneys; mental health service providers and municipal entities. She also has extensive experience involving personal injury such as premises liability, dog bites, automobile accidents, dram shop and hotel, restaurant and store security.Close