New Minnesota law affecting exculpatory contracts effective August 1, 2013.
- July 31st, 2013
- Wendy Carlisle
- Comments Off on New Minnesota law affecting exculpatory contracts effective August 1, 2013.
The Minnesota law I wrote about this spring (http:/wp.me/p3fru5-4G) has been enacted effective August 1, 2013. Fortunately, the law was changed substantially from its original iterations, which effectively sought to do away with exculpatory clauses altogether.
The new law simply codifies existing case law in Minnesota–that is, it makes exculpatory contracts void if they attempt to exculpate for anything other than ordinary negligence. Thus, as has always been the case in Minnesota, your contracts can limit your liability for negligence, but not willful and wanton or intentional acts.
The bottom line: If your contract says you will not be liable for “negligence in any degree” (as many contracts do), then it is void and you need to have it redrafted.
Read the law here: HF0792.1.