Bill Text: MN SF768 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Waiver of liability for negligent conduct prohibition
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2013-05-17 - HF substituted on General Orders HF792 [SF768 Detail]
Download: Minnesota-2013-SF768-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(a) An agreement between parties that purports to release, limit, or waive the liability
1.7of one party for damage arising out of the negligent operation, maintenance, or design of
1.8that party's premises is against public policy and void and unenforceable to the extent the
1.9agreement applies to injury resulting in:
1.10(1) a very serious impairment of an important bodily function;
1.11(2) disability for 60 days or more; or
1.12(3) death.
1.13The agreement is severable from a waiver of liability for injuries resulting from the risk
1.14inherent in a particular activity or for injuries not described in clauses (1) to (3).
1.15(b) This section does not prevent a court from finding that an agreement is void and
1.16unenforceable as against public policy on other grounds or under other law.
1.17(c) For purposes of this section, "party" or "parties" includes a person, agent, servant
1.18or employee of that party or parties, and includes a minor or another who is authorized to
1.19sign or accept the agreement on behalf of the minor. "Disability" means the inability to
1.20engage in substantially all of the injured person's usual and customary daily activities.
1.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
1.22agreements first 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(a) An agreement between parties that purports to release, limit, or waive the liability
1.7of one party for damage arising out of the negligent operation, maintenance, or design of
1.8that party's premises is against public policy and void and unenforceable to the extent the
1.9agreement applies to injury resulting in:
1.10(1) a very serious impairment of an important bodily function;
1.11(2) disability for 60 days or more; or
1.12(3) death.
1.13The agreement is severable from a waiver of liability for injuries resulting from the risk
1.14inherent in a particular activity or for injuries not described in clauses (1) to (3).
1.15(b) This section does not prevent a court from finding that an agreement is void and
1.16unenforceable as against public policy on other grounds or under other law.
1.17(c) For purposes of this section, "party" or "parties" includes a person, agent, servant
1.18or employee of that party or parties, and includes a minor or another who is authorized to
1.19sign or accept the agreement on behalf of the minor. "Disability" means the inability to
1.20engage in substantially all of the injured person's usual and customary daily activities.
1.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
1.22agreements first signed or accepted on or after that date.
