Accordingly, a liability waiver that may be written too broadly is not necessarily void so long as portions of it remain enforceable.
Importantly, the new law also provides that unenforceable portions of liability waivers are severable from those portions of agreements seeking to waive only liability for ordinary negligence. The “greater than ordinary negligence” language in the new law is consistent with the standard that has been applied by Minnesota courts for decades. Under the common law as developed by Minnesota courts, liability waivers are unenforceable if they purport to release a defendant from liability for intentional, willful or wanton acts. By providing that only liability waivers aimed at greater than ordinary negligence are unenforceable, the new law essentially codifies existing law in Minnesota. This amended bill was eventually passed by both chambers and signed by Governor Dayton.
The initial version of the bill introduced in the House sought to ban any agreement purporting to release, limit or waive liability for a party’s negligence in operating, maintaining or designing their premises.Īfter opposition to the bills was mounted by various groups, the House bill was eventually amended to reflect that only agreements purporting to release, limit or waive liability resulting from “greater than ordinary negligence” are void and unenforceable. In February, bills were introduced in both chambers that would have made liability waivers void and unenforceable in most settings. The final law, as passed by the legislature and signed by Governor Dayton, is a stark contrast from bills initially introduced in the House and Senate earlier this year. The new law essentially codifies the existing common law in Minnesota, ensuring that waivers may remain valid and enforceable in Minnesota under many circumstances. On May 24, 2013, Governor Mark Dayton signed a bill into law governing liability waivers in Minnesota. Posted May 31st, 2013 in Legal Insights with Tags law, liability, legal, Business Law Minnesota Governor Mark Dayton Signs Bill Governing Liability Waivers
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