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A ?general release? of liability for an injury is not sufficient to insulate a governmental agency from liability resulting from its own negligence

A ?general release? of liability for an injury is not sufficient to insulate a governmental agency from liability resulting from its own negligence
Rigney v Ichabod Crane Cent. School Dist., 59 AD3d 842

It is quite common for a State or municipal entity to require that individuals using its facilities sign a waiver releasing it from liability in the event the individual suffers an injury while on the premises or while participating in an activity at the facility.

The lesson of the Rigney decision: a release that merely waive ?any and all claims? is not enforceable with respect to injuries resulting from the State?s or the municipality?s own negligence unless it specifically advises the signor that the waiver extends to claims that might arise as the result of the governmental agency?s own negligence.

Michele Rigney enrolled in a class offered by the Ichabod Crane Central School District?s adult education program. Rigney paid a fee and executing a release in which she agreed to hold the Ichabod Crane Central School District harmless for all claims arising in any way out of her participation in the class.

Rigney was injured when, while following the directions of the instructor to retrieve exercise equipment from a storage closet, several weighted bars fell onto her back.

In response to her lawsuit recover for her injuries, the District moved for summary judgment on the strength of Rigney?s signed release.

Although Supreme Court granted the District?s motion, the Appellate Division reversed and reinstated Rigney?s lawsuit.

The court said that it agreed with Rigney?s argument that the release was unenforceable because it did not specifically state that she was agreeing to exempt the District from liability arising out of its own negligence.

In the words of the Appellate Division, although "the law grudgingly accepts the proposition that [the District] may contract away [its] liability for negligently caused injuries, [it] may do so only on the condition that [its] intention [is] expressed clearly and in 'unequivocal terms,'" citing Gross v Sweet, 49 NY2d 102.

Releases such as the one signed by Rigney, said the court, that merely waive any and all claims arising in the future cannot be enforced because they fail to advise the signor that the waiver extends to claims that might arise from a defendant's own negligence.

Full post as published by New York Public Personnel Law on February 24, 2010 (boomark / email).