In a recent opinion, an appellate court addressed the validity of exculpatory clauses in Florida personal injury lawsuits. The court certified a question to the Florida Supreme Court regarding the extent to which exculpatory clauses are enforceable.
The issue stems from a contract dispute between a travel agency and a Florida corporation that specializes in website development. The two parties executed a service agreement that included a provision stating that the website developer would not be liable for any damages, and waived all claims against them. The lower court noted that the exculpatory clause rendered the entire service agreement illusory. The court explained that the contract was both illusory and amounted to an “unenforceable agreement to agree.” The case was appealed to the Florida Court of Appeals.
The Florida Court of Appeals explained that Florida contracts require several elements to be valid. A valid contract includes acceptance, consideration, and sufficient specification of essential terms. However, unsure how to rule on this specific issue, the court certified a question regarding the validity of exculpatory clauses in Florida contracts to the state’s high court.