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HF 3636

as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 02:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil actions; voiding a waiver of liability for ordinary negligence
involving a consumer service; amending Minnesota Statutes 2016, section 604.055,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 604.055, subdivision 1, is amended to read:


Subdivision 1.

Certain agreements are void and unenforceable.

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 new text begin ordinary negligence or new text end greater than ordinary negligence is against public
policy and void and unenforceable.

The agreement, or portion thereof, is severable from a release, limitation, or waiver of
liability for damage, injuries, or death resulting from deleted text begin conduct that constitutes ordinary
negligence or for
deleted text end risks that are inherent in a particular activity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to agreements
first signed or accepted on or after that date.
new text end