Walters v. YMCA

Application of Rules

An exculpatory agreement "is enforceable only if: (1) it does not adversely affect the public interest; (2) the exculpated party is not under a legal duty to perform; (3) it does not involve a public utility or common carrier; or (4) the contract does not grow out of unequal bargaining power or is otherwise unconscionable."

Rules of Law

Exculpatory clause: relieve a party of tort liability

Issues of law

Is the defendant's the exculpatory clause valid in releasing them from liability?

Plaintiff

James F. Walters

Material Facts

James F. Walters was a frequent goer to YMCA. On his way to the indoor pool of YMCA, he slipped and fell on the steps (where the rubber used to prevent slip and falls had been removed). In the beginning of his membership, Walters signed a exculpatory provision that releases YMCA from all personal injures occurring on their property. Walter sued YMCA for recovery.

Final Ruling

The Appellate court reverse the lower courts decision and voided the defendant's exculpatory clause as it is against public policy.

Lower Court Ruiling

The lower court agreed with YMCA, finding that the stairs leading to the pool was another type of equipment offer by the health club.

Plaintiffs contentions

The plaintiff argues that he was not engaged in any physical exercise when he slipped, thus the case he bring is outside of the release form he signed. Also that the injury was foreseeable as a result of the defendant's negligence.

Cause of action

Tort liability and agreement not to hold the establishment liable

Defendant

YMCA

Defendants contentions

YMCA held that the "hold harmless" provision was voluntary agreement that protected them from foreseeable injuries as a result of physical activities associated with the establishment