MICHAEL SMITH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Cain v. Banka, 932 So. 2d 575 (Fla. 5th DCA 2006)
  …release of liability which racer signed in order to enter restricted area of speedway and which released speedway from “any and all claims and liability arising out of strict liability or ordinary negligence of releasees.... ”); Borden v. Phillips, 752 So. 2d 69 (Fla. 1st DCA 2000) (enforcing release which absolved defendant scuba training company from liability for “injury, death or other damages ... that may occur as a result ... of the negligence of any party, including the Released Parties.... ”). Neve…
• Rosenberg v. Cape Coral Plumbing, Inc., 920 So. 2d 61 (Fla. 2d DCA 2005)
  …tect Cape Coral Plumbing from liability based on its alleged negligence. Although viewed with disfavor under Florida law, exculpatory clauses limiting liability for negligence are valid and enforceable when clear and unequivocal. Borden v. Phillips, 752 So. 2d 69, 73 (Fla. 1st DCA 2000). “For such a clause to be effective, ... it must clearly state that it releases the party from liability for his own negligence.” Goyings v. Jack & Ruth Eckerd Found., 403 So. 2d 1144, 1146 (Fla. 2d DCA 1981). Here, the excul…
• Gayon v. Bally's Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001)
  …., Inc., 636 So. 2d 189, 191 (Fla. 3d DCA 1994)), review denied, 786 So. 2d 1188 (Fla.2001). The exculpatory clause in the health club membership contract Gayón signed satisfies the clear and unequivocal language requirement. See Borden v. Phillips, 752 So. 2d 69 (Fla. 1st DCA 2000); Banfield v. Louis, 589 So. 2d 441 (Fla. 4th DCA 1991). Cf. Fairchild v. W.O. Taylor Commercial Refrigeration & Elec. Co., 403 So. 2d 1119 (Fla. 5th DCA 1981) (assuming clause intended as exculpation of liability, clause, printed…