What if limitation of liability is considered an exculpatory clause?
A limitation of liability is also known as a waiver, release, or assumption of risk. These are signed every day. Sometimes they are read and sometimes not. When a child gets dropped off at a sporting event one parent may look over it with a magnifying glass while another may sign it with barely a glance. These types of waivers are often disfavored and strictly construed everywhere. That does not mean that a waiver that was signed is not going to be enforceable, it very well may be. If something goes wrong and the service provider looks to that waiver to limit their liability, a court will look at it very carefully when making its decisions. This video reviews case examples when deal with limitation of liability enforceability challenges.
Kenneth M. Gorenberg
Barnes & Thornburg LLP
- Partner in the Chicago office of Barnes & Thornburg LLP
- Practice emphasizes all aspects of insurance coverage for corporate policyholders, including litigating insurance disputes, collaborating with brokers and risk managers during policy procurement, assisting with due diligence and drafting of risk allocation provisions in transactional contracts, and litigating indemnification disputes
- Practice also includes commercial litigation and product liability and toxic tort defense, practices nationally and has won trials and appeals in state and federal courts across the country
- Conducts regular seminars and workshops on numerous insurance coverage issues, including limitation of liability, indemnification, and insurance provisions in business contracts
- Author of several publications related to the areas of insurance coverage, toxic tort litigation, and commercial litigation
- Fellow of American College of Coverage Counsel; member of American Bar Association; member of Defense Research Institute
- J.D. degree, University of Chicago Law School; B.A. degree, cum laude, University of Pennsylvania
- Can be contacted at [email protected] or 312-214-5609
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