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…
In a recent decision, Peterson v. Flare Fittings, Inc., Florida’s Fifth District Court of Appeal examined the liability of various parties for an injury that occurred at a paintball tournament. Although the plaintiff in this case was a competitor in the competition, the injury at issue had nothing to do with…
In a recent per curium decision, the Supreme Court of Florida made a sweeping change to the law associated with pre-injury exculpatory clauses, and, as a result, left many susceptible to injury without recourse. The decision, Sanislo v. Give Kids The World, Inc., overturned precedential decisions from four of Florida’s…
With a seemingly endless coastline, Florida is a haven for water-based recreational activities. As the Third District Court of Appeal noted at the conclusion of its recent decision in Diodato v. Islamorada Asset Management, Inc., many Floridians and tourists in the state commonly enjoy recreational activities such as jet-skiing, para-sailing, and scuba…