What is the test for interpretation of a liability clause in a personal injury agreement?

California, United States of America


The following excerpt is from Salton Bay Marina, Inc. v. Imperial IrrIGAtion Dist., 172 Cal.App.3d 914, 218 Cal.Rptr. 839 (Cal. App. 1985):

This result is equally compelled by the rules of law governing the interpretation of clauses attempting to limit liability for negligence. The language of an agreement in order to exclude liability for negligence must be "clear and explicit" and "free of ambiguity or obscurity." (Conservatorship of Link (1984) 158 Cal.App.3d 138, 143, 205 Cal.Rptr. 513.) The law generally looks with disfavor on attempts to avoid liability or to secure exemption for one's own negligence. (Celli v. Sports Car Club of America, Inc. (1972) 29 Cal.App.3d 511, 518, 105 Cal.Rptr. 904.) The law requires exculpatory clauses to be strictly construed against the party relying on them. (Id., at p. 519, 105 Cal.Rptr. 904.)

Other Questions


What is the effect of a personal injury clause in a private agreement? (California, United States of America)
What is the test for making a motion for personal injury representation in a personal injury case? (California, United States of America)
What is the test for an arbitration clause in a personal injury agreement? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
How has the exclusionary clause in a personal injury policy regarding vehicle theft exclusion been interpreted? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
How has the doctrine of liability been interpreted in the context of personal injury claims in waterskiing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.