Exculpatory Clause In Boat Club Contract Held To Be Valid
RUBY HOPKINS and RONALD HOPKINS, Appellants, v. THE BOATCLUB, INC., a FLORIDA CORPORATION d/b/a EMBARK BOAT CLUB and BILLY R. BRAWNER,Appellees.
CASE NO. 1D02-3385
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
2004 Fla. App. LEXIS 1299; 29 Fla. L. Weekly D 415
February 10, 2004, Opinion Filed
PROCEDURAL POSTURE: Appellant injured parties, a husband and wife, sought review of the grant of summary judgment by the Circuit Court for Duval County (Florida) in favor of appellee boat club in a personal injury action. The trial court determined that the injured parties' action was barred based on an exculpatory clause in the parties' contract.
OVERVIEW: The injured parties were using a watercraft under the terms of the parties' agreement. While operating the craft under the supervision of one of the boat club's employees, the husband crossed a large boat wake at a high rate of speed resulting in his wife being thrown from the boat and sustaining serious injuries. The appellate court held the exculpatory clause was legally sufficient under the federal maritime law. There was no indication the boat club was operating a commercial carrier or that transportation was occurring port to port. Thus, 46 U.S.C.S. ยง 83c was not applicable. There was no indication that the parties were in unequal bargaining positions, the contract referred to specific risks, and it covered all employees. Thus, the language was sufficient to inform a reasonable person that the boat club was released from liability.
OUTCOME: The judgment of the trial court was affirmed
