6 Florida opinions name it 2 courts 2006–2015 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cain v. Bankagreen2 sentences2015The Fifth District reasoned that exculpatory clauses are effective if the wording of the exculpatory clause is clear and understandable so that an ordinary and knowledgeable person would know what he or she is contracting away, and that the court had previously rejected “ ‘the need for express language referring to release of the defendant for “negligence” or “negligent acts” in order to render a release effective to bar a negligence action.’ ” Id. at 761 (quoting Cain v. Banka, 932 So. 2d 575, 578 (Fla. -4- 5th DCA 2006)). 2015The Fifth District reasoned that exculpatory clauses are effective if the wording of the exculpatory clause is clear and understandable so that an ordinary and knowledgeable person would know what he or she is contracting away, and that the court had previously rejected “ ‘the need for express language referring to release of the defendant for “negligence” or “negligent acts” in order to render a release effective to bar a negligence action.’ ” Id. at 761 (quoting Cain v. Banka, 932 So.2d 575, 578 (Fla. 5th DCA 2006)). | 1 | 3 |
Give Kids the World, Inc. v. Sanislogreen2 sentences2015The Fifth District reasoned that exculpatory clauses are effective if the wording of the exculpatory clause is clear and understandable so that an ordinary and knowledgeable person would know what he or she is contracting away, and that the court had previously rejected “ ‘the need for express language referring to release of the defendant for “negligence” or “negligent acts” in order to render a release effective to bar a negligence action.’ ” Id. at 761 (quoting Cain v. Banka, 932 So. 2d 575, 578 (Fla. -4- 5th DCA 2006)). 2013Cain v. Banka, 932 So .2d 575, 578 (Fla. 5th DCA 2006); see also Give Kids the World, Inc., 98 So.3d at 759 ; Lantz v. Iron Horse Saloon, Inc., 717 So.2d 590 (Fla. 5th DCA 1998). | 1 | 2 |
Lantz v. Iron Horse Saloon, Inc.green2 sentences2013Cain v. Banka, 932 So .2d 575, 578 (Fla. 5th DCA 2006); see also Give Kids the World, Inc., 98 So.3d at 759 ; Lantz v. Iron Horse Saloon, Inc., 717 So.2d 590 (Fla. 5th DCA 1998). 2006See Lantz v. Iron Horse Saloon, Inc., 717 So.2d 590 (Fla. 5th DCA 1998). | 1 | 2 |
Hardage Enterprises, Inc. v. Fidesys Corp. NVgreen1 sentence2012Id. at 579 ; see also Hardage Enters., Inc. v. Fidesys Corp., N.V., 570 So.2d 436, 437 (Fla. 5th DCA 1990) (determining that “any and all claims, demands, damages, actions, causes of action, or suits in equity, of whatsoever kind or nature” encompassed negligent action). | 1 | 1 |
Greater Orlando Aviation v. Bulldog Airlinesgreen1 sentence2012See also Greater Orlando Aviation Auth. v. Bulldog Airlines, Inc., 705 So.2d 120, 122 (Fla. 5th DCA 1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Van Tuyn v. Zurich American Ins. Co.
green
1 sentence2013Co., 447 So.2d 318 (Fla. 4th DCA 1984), this court has repeatedly rejected the need for express language referring to a release of the defendant for “negligence” or “negligent acts” in order to render a release effective to bar a negligence claim. | 1 | 2013–2013 |