Bill Text: MN HF792 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Negligent conduct liability waivers prohibited.
Sponsorship: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 118 [HF792 Detail]
Download: Minnesota-2013-HF792-Engrossed.html
1.2relating to civil actions; prohibiting waivers of liability for negligent conduct;
1.3proposing coding for new law in Minnesota Statutes, chapter 604.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604.055] WAIVER OF LIABILITY FOR NEGLIGENT CONDUCT.
1.6 Subdivision 1. Certain agreements are void and unenforceable. An agreement
1.7between parties for a consumer service, including a recreational activity, that purports to
1.8release, limit, or waive the liability of one party for damage, injuries, or death resulting
1.9from conduct that constitutes greater than ordinary negligence is against public policy and
1.10void and unenforceable.
1.11The agreement, or portion thereof, is severable from a release, limitation, or waiver
1.12of liability for damage, injuries, or death resulting from conduct that constitutes ordinary
1.13negligence or for risks that are inherent in a particular activity.
1.14 Subd. 2. Party or parties. For the purposes of this section, "party" or "parties"
1.15includes a person, agent, servant, or employee of that party or parties, and includes a
1.16minor or another who is authorized to sign or accept the agreement on behalf of the minor.
1.17 Subd. 3. Other void and unenforceable agreements. This section does not prevent
1.18a court from finding that an agreement is void and unenforceable as against public policy
1.19on other grounds or under other law.
1.20 Subd. 4. Nonapplication to certain claims. This section does not apply to claims
1.21against the state pursuant to section 3.736 or a municipality pursuant to section 466.02.
1.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
1.23agreements signed or accepted on or after that date.
1.3proposing coding for new law in Minnesota Statutes, chapter 604.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604.055] WAIVER OF LIABILITY FOR NEGLIGENT CONDUCT.
1.6 Subdivision 1. Certain agreements are void and unenforceable. An agreement
1.7between parties for a consumer service, including a recreational activity, that purports to
1.8release, limit, or waive the liability of one party for damage, injuries, or death resulting
1.9from conduct that constitutes greater than ordinary negligence is against public policy and
1.10void and unenforceable.
1.11The agreement, or portion thereof, is severable from a release, limitation, or waiver
1.12of liability for damage, injuries, or death resulting from conduct that constitutes ordinary
1.13negligence or for risks that are inherent in a particular activity.
1.14 Subd. 2. Party or parties. For the purposes of this section, "party" or "parties"
1.15includes a person, agent, servant, or employee of that party or parties, and includes a
1.16minor or another who is authorized to sign or accept the agreement on behalf of the minor.
1.17 Subd. 3. Other void and unenforceable agreements. This section does not prevent
1.18a court from finding that an agreement is void and unenforceable as against public policy
1.19on other grounds or under other law.
1.20 Subd. 4. Nonapplication to certain claims. This section does not apply to claims
1.21against the state pursuant to section 3.736 or a municipality pursuant to section 466.02.
1.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
1.23agreements signed or accepted on or after that date.
