HF 792

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2013 04:51pm

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:

Section 1.

new text begin [604.055] WAIVER OF LIABILITY FOR NEGLIGENT CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Certain agreements are void and unenforceable. new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Party or parties. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Other void and unenforceable agreements. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Nonapplication to certain claims. new text end

new text begin This section does not apply to claims
against the state pursuant to section 3.736 or a municipality pursuant to section 466.02.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
agreements signed or accepted on or after that date.
new text end