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ARTICLE · 21 JANUARY 2016

A Release Of Liability May Bar A Negligence Claim

Fox Rothschild LLP
Fox Rothschild LLP
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A release that allows a party to avoid liability for its own negligence is permissible in Delaware if it is unambiguous, not unconscionable and not against public policy.

United StatesLitigation, Mediation & Arbitration
Leslie Spoltore
Leslie Spoltore
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The Delaware Supreme Court was recently asked to examine a release of liability.  Ketler v. PFPA, LLC, d/b/a Planet Fitness, No. 319, 2015 (Jan. 15, 2016). Plaintiff, DeShaun Ketler ("Ketler"), filed an action in the Superior Court claiming that he was injured while using exercise equipment at a Planet Fitness facility.  Planet Fitness argued to the trial court that Ketler's claim was barred based on a release executed by Ketler that provided,

I understand and expressly agree that my use of this Planet Fitness facility . . . involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks can range from minor injuries to major injuries including death. Inconsideration of my participation in the activities and use of the facilities offered by Planet Fitness, I understand and voluntarily accept this risk and agree that Planet Fitness . . . will not be liable for any injury, including, without limitation, personal, bodily, or

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