SF 2742

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 09:28am

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 ordinary negligence or 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 conduct that constitutes ordinary
negligence or for risks that are inherent in a particular activity.

EFFECTIVE DATE.

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