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Court Enforces Liability Waiver and Release

October 2017

The Las Animas District Court granted a Motion for Summary Judgement enforcing the exculpatory clause in a membership agreement in favor of a rehabilitation and fitness center.  In a detailed 12-page Order, the Court applied the factors set forth by the Supreme Court in Jones v. Dressel, 623 P.2d 370 (Colo. 1981) holding that the release is valid and enforceable against a member who alleged she sustained personal injury arising from the use of a defective exercise machine.

In the Order, the Court first addressed and rejected plaintiff’s contention that because exculpatory clauses are creatures of common law, and because the Premises Liability Act, C.R.S. § 13-21-115, preempts all common law defenses, an exculpatory clause cannot be used as a defense to a claim under the PLA.  The Court then addressed and found that each of the Jones factors were satisfied and that therefore plaintiff’s claims were barred by the release.

To discuss this case or similar claims you may be handling, please contact Michael Daugherty.

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