McGinnis v. Gold Medal Gymnastics Academy LLC

Summary

The Delaware Superior Court denied Gold Medal Gymnastics Academy, LLC’s motion based on written liability waivers in a personal-injury action involving a minor injured while using uneven bars. The court held that neither waiver contained crystal-clear and unequivocal language releasing the defendant from liability for its own negligence. The court also noted that a valid waiver would not bar claims based on reckless conduct.

Holdings

1. Under Delaware law, a liability waiver must contain crystal-clear and unequivocal language expressly releasing the defendant from liability for injuries caused by the defendant's own negligence. Neither waiver at issue satisfied that requirement.
2. Gold Medal was not entitled to rely on either waiver to avoid liability, and its motion to dismiss based on the waivers was denied.
3. Even if a written waiver were otherwise valid, it would not apply to claims based on reckless conduct.

Questions Presented

1. Whether either of two written liability waivers clearly and unequivocally released Gold Medal Gymnastics Academy from liability for its own negligent acts.
2. Whether defendant was entitled to dismissal or summary judgment based on either waiver.
3. Whether a written waiver could release claims based on reckless conduct.

Disposition

other