Spokane to Sandpoint is a long-distance 185-mile relay race from the Spokane area to Sandpoint, Idaho. A woman – who is an attorney – had when registering for the race signed a waiver agreeing to “release Spokane to Sandpoint…from any and all claims or liability of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of persons on this waiver.”
Sadly, a vehicle travelling about 63 miles-per-hour struck her and she was severely injured. The injured woman sued both the driver and Spokane to Sandpoint.
The injured woman and the driver settled before trial. The trial court dismissed claims against Spokane to Sandpoint based in large part on the waiver. The injury victim appealed.[1]
The Court of Appeals held that the waiver was neither ambiguous nor inconspicuous.
The online release language was set apart in either italicized letters or in all capital letters or both. Furthermore, the woman – an attorney – had admitted in deposition testimony that she had understood what she had signed.
The injured woman could have overcome the waiver and release if she could have shown gross negligence. Gross negligence is a high standard – appreciably greater than ordinary negligence – requiring proof of care appreciably less than the care inherent in ordinary negligence. The injured woman have had to prove the failure to exercise even slight care.
Spokane to Sandpoint marked the roadways to warn both drivers and runners of danger and provided a handbook to each runner advising about crossing busy roadways and highways. The Court of Appeals held there was nothing in the record establishing any duty to do more.
The Court of Appeals upheld the dismissal of the personal injury claim.
If you have been injured and you signed a waiver, have a personal injury attorney review the waiver and the facts and circumstances of your case. Waivers are not always enforceable, and each case turns on its own facts.