Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)

Citation: Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Parent Document: Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Jurisdiction: Washington (state)
Effective Date: 2010-11-04
Original Source: https://www.courtlistener.com/opinion/4909141/eastwood-v-horse-harbor-foundation-inc/ ↗

Other Sections in This Document (97)

Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
Eastwood v. Horse Harbor Foundation, Inc., 170 Wash. 2d 380 (2010)
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Full Text

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Of course, we do not disturb “[t]he general rule . . . that a party to a contract can limit liability for damages resulting from negligence.” Am. Nursery Prods., Inc. v. Indian Wells Orchards, 115 Wn.2d 217, 230, 797 P.2d 477 (1990). “Exculpatory clauses are strictly construed and must be clear if the exemption from liability is to be enforced.” Scott v. Pac. W. Mountain Resort, 119 Wn.2d 484, *394490, 834 P.2d 6 (1992). An “inconspicuous” exculpatory clause is unenforceable. Id. at 492.