CALIFORNIA SUPREME COURT FINDS GENERAL RELEASES FOR GROSS NEGLIGENCE UNENFORCEABLE

On July 16, 2007, in City of Santa Barbara v. The Superior Court of Santa Barbara County, (Case No. S141643), the California Supreme Court held that an agreement purporting to release liability for "gross negligence" in the context of sports or recreational programs was contrary to public policy, and thus unenforceable as a matter of law. The Court declined to address whether agreements purporting to release liability for "ordinary negligence" in the same context are enforceable.

In City of Santa Barbara, the parents of a developmentally disabled girl enrolled their daughter into a special needs camp sponsored by the City of Santa Barbara. As part of the camp's application form, the parents signed a general release of liability against the City and its employees, including liability based upon negligent acts. After the girl drowned while participating in a camp activity, the parents sued the City for wrongful death, alleging the accident was caused by the City and its employee's gross negligence. Gross negligence has long been defined in California as a "want of even scant care" or an "extreme departure from the ordinary standard of care."

Relying on several out-of-state authorities, the Supreme Court held that the City's general release was not enforceable against acts of gross negligence by the City and its employee. The Court reasoned that public policy precludes enforcement of an agreement that would remove an obligation to adhere to even a minimal standard of care. Although the Court's opinion is limited to agreements releasing liability for gross negligence in the context of sports or recreational programs, some broad language in the Court's opinion may serve as a basis for other courts to question the validity of releases for gross negligence in other contexts.

Click here to see the Supreme Court's opinion.

For additional information, contact Kim Nguyen at (818) 995-0800 or knguyen@horvitzlevy.com.

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