Leann Spencer v. Mountain Cove, Inc. and American-Canadian Expeditions, Ltd.

Summary

The court denied Defendants’ Rule 12(c) motion for judgment on the pleadings in a personal-injury action arising from an accident at a West Virginia water park. It held that the plaintiff’s liability waiver was unenforceable because West Virginia regulations impose safety standards for recreational water facilities that protect patrons, and defendants may not contract away liability for violating those standards.

Holdings

1. An exculpatory agreement is unenforceable to the extent it purports to exempt a recreational-water-facility operator from tort liability for failing to conform to regulatory safety standards designed to protect patrons.
2. The complaint adequately alleged a regulatory scheme establishing a standard of care, Defendants' breach of that standard through negligent conduct, and injuries caused by the alleged breaches; therefore, dismissal on the pleadings was unwarranted.

Questions Presented

1. Whether judgment on the pleadings was proper because the liability waiver barred Spencer's claims.
2. Whether an exculpatory agreement is unenforceable when state regulations impose a standard of care on recreational-water-facility operators for the protection of patrons.
3. Whether Spencer adequately alleged regulatory violations, negligence, and resulting injuries sufficient to avoid dismissal.

Disposition

other