SF 768

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/18/2013 08:45am

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 (a) An agreement between parties that purports to release, limit, or waive the liability
of one party for damage arising out of the negligent operation, maintenance, or design of
that party's premises is against public policy and void and unenforceable to the extent the
agreement applies to injury resulting in:
new text end

new text begin (1) a very serious impairment of an important bodily function;
new text end

new text begin (2) disability for 60 days or more; or
new text end

new text begin (3) death.
new text end

new text begin The agreement is severable from a waiver of liability for injuries resulting from the risk
inherent in a particular activity or for injuries not described in clauses (1) to (3).
new text end

new text begin (b) 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 (c) For 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. "Disability" means the inability to
engage in substantially all of the injured person's usual and customary daily activities.
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 first signed or accepted on or after that date.
new text end