1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2013 04:51pm
Engrossments | ||
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Introduction | Posted on 02/21/2013 | |
1st Engrossment | Posted on 05/16/2013 |
A bill for an act
relating to civil actions; prohibiting waivers of liability for negligent conduct;
proposing coding for new law in Minnesota Statutes, chapter 604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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An agreement
between parties for a consumer service, including a recreational activity, that purports to
release, limit, or waive the liability of one party for damage, injuries, or death resulting
from conduct that constitutes greater than ordinary negligence is against public policy and
void and unenforceable.
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The agreement, or portion thereof, is severable from a release, limitation, or waiver
of liability for damage, injuries, or death resulting from conduct that constitutes ordinary
negligence or for risks that are inherent in a particular activity.
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For the purposes of this section, "party" or "parties"
includes a person, agent, servant, or employee of that party or parties, and includes a
minor or another who is authorized to sign or accept the agreement on behalf of the minor.
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This section does not prevent
a court from finding that an agreement is void and unenforceable as against public policy
on other grounds or under other law.
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This section does not apply to claims
against the state pursuant to section 3.736 or a municipality pursuant to section 466.02.
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This section is effective August 1, 2013, and applies to
agreements signed or accepted on or after that date.
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