Bennett signed a release exculpating the Federation from responsibility for any personal injury resulting from his participation in the race. Is the exculpatory clause effective? Explain.
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Albert Bennett, an amateur cyclist, participated in a bicycle race conducted by the United States Cycling Federation. During the race, Bennett was hit by an automobile. He claims that employees of the Federation improperly allowed the car onto the course. The Federation claims that it cannot be held liable to Bennett because Bennett signed a release exculpating the Federation from responsibility for any personal injury resulting from his participation in the race. Is the exculpatory clause effective? Explain. |
Explanation
It is not reasonable to have any other kind of vehicle on the racing track. However, the organization allowed another kind of vehicle on the track due to which Individual B got injuries. For this reason, the organization will be held responsible for the losses caused to Individual B.
Verified Answer
The organization got involved in an activity that was not normal for racing procedure because of which Individual B had to suffer injuries. So, the argument of the organization is not valid and the judgment will be in favor of Individual B.
