LEGAL UPDATE
Featuring Comments On Important Legal Developments
Injury Waiver No Defense to Employees Hurt on the Job
The Connecticut Supreme Court recently decided the case of Brown v. Diane Soh, et al., SC 17364 (2006). The ruling stems from a 2001 accident in which Robert J. Brown, an instructor at the Skip Barber Racing School was critically injured when a student struck him with a car during a class on avoiding traffic accidents. Brown brought suit against the student, a fellow instructor in the student’s car and Daimler Chrysler, the owner of the car. The superior court and appellate division dismissed Brown’s suit, citing a liability waiver Brown was required to sign when he was hired. The waiver acknowledged the dangerous nature of high speed racing, assumed responsibility for any risk of injury and covenanted he would not attempt to seek recovery.
In a 5-0 decision, the Connecticut Supreme Court reversed the judgment of the trial court, citing Hyson v. Powder Ridge Restaurant Corp., a 2005 decision that pertained to exculpatory agreements in the commercial recreation services context. The Court held that waivers do not protect employers when the employer’s negligence caused the worker’s injury.
Connecticut courts have long upheld liability waivers for potentially dangerous activities such as, horseback riding, racing or skiing when an individual is injured by his or her own negligence. However, the courts have consistently drawn the line when the plaintiff’s injury occurred due to liability on the part of a facility operator, regardless of whether a waiver was signed.
The ruling in Brown holds employers to the same standards as owners of recreational facilities and others who offer products and services to the public. In arriving at their decision, the Court held that Brown and others in his position have “nearly zero bargaining power” to refuse to sign liability waivers as a condition of being hired, making it an unequal transaction. The Court reasoned that by working for an employer, the worker essentially places himself or herself under the employer’s control and mercy for a safe work environment.
Thomas N. Lyons, Esq.
tlyons@gmflaw.com
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