The federal court recently issued a decision further clarifying this issue in Utah.  Before I get to that decision, let me back up a little bit.

In Utah, post injury releases are almost always valid.  Most people are surprised to learn that pre-injury releases are usually valid as well.  The huge exception to that is pre-injury releases for children.  If the injured person is under the age of 18 at the time of injury, the release is never valid.

In other words, if you and your children go somewhere and you all sign releases.  Your release is valid and your children’s releases are invalid.

In Jozewicz v. GGT Enterprises, LLC, a women rented skis and then went skiing at Alta.  She fell and injured her neck.  She claimed that she fell because her bindings malfunctioned.

As it turned out, the rental bindings had been recalled.  Rather than pulling the bindings off the shelf, GGT went ahead and rented them.

GGT filed a motion to dismiss the case because the woman had signed a release at the time of the rental.  Judge Waddoups found the release to be ineffective.  He said that because the bindings had been released, it was unlawful for GGT to rent the skis.

Judge Waddoups held that releases are not valid when they let a defendant escape liability for unlawful conduct.