holding that a permission slip stating that the defendant was “not responsible or liable for any accidents or injuries that may occur” to children participating in a field trip “[did] not constitute an enforceable anticipatory release of claims against the City for its negligent acts or omissions in connection with the field trip”
How later courts described this case
- holding that a permission slip stating that the defendant was “not responsible or liable for any accidents or injuries that may occur” to children participating in a field trip “[did] not constitute an enforceable anticipatory release of claims against the City for its negligent acts or omissions in connection with the field trip”
- noting a document did not contain clear and unequivocal language that would notify a casual reader of a waiver of claims
- noting “that causation has two components: cause in fact and legal cause”
- requiring clear and unequivocal language to effectively waive liability claims for future acts or omissions of negligence
Written by the judges who cited it.
The opinion
STREIT, Justice
(concurring in part and dissenting in part).
I concur in the majority’s opinion in regard to the release of liability signed by the parent of the child but join Justice Cady’s dissent as to the duty of care.