Exculpatory Clauses Releasing An Entity From Its Own Negligence

Advice to companies looking to update their pre-incident exculpatory clauses based on this latest ruling.

When is a pre-incident exculpatory clause valid and enforceable?

In February 2015, the Florida Supreme Court resolved a longstanding conflict among Florida's District Courts regarding the language required in pre-incident exculpatory clauses to release an entity from its own negligence and issued a new seminal case in this area of law.

What does clear and unequivocal mean with respect to exculpatory clauses?

It means that an exculpatory clause must be unambiguous and the intention to be relieved from liability must be made clear. In other words, the wording must be so clear and understandable that an ordinary and knowledgeable person will know what he or she is contracting away.