Turnbough v. Ladner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that release that participant in scuba diving class signed waived claims associated with risks inherent in sport, but did not waive right to recover for instructor’s failure to follow accepted safety standards
• holding that release that participant in scuba diving class signed waived claims associated with risks inherent in sport, but did not waive right to recover for instructor’s failure to follow accepted safety standards
• stating that the intention to release one party from liability for negligence must be expressed in \clear and unmistakable language\ and \should express as clearly and precisely as possible the extent to which a party intends to be absolved from liability\
• finding general exculpatory provision inadequate and noting release of acts of a party’s own negligence must be 11 expressed in “specific and unmistakable terms”
• two factors: whether the agreement was \fairly and honestly negotiated and understandingly entered into\; clear and precise language
• pre-printed contract, no negotiation before signing, and broad waiver of liability results in strict construction of disclaimer against maker

Source: CourtListener parenthetical corpus (CC0).