Give Kids the World, Inc. v. Sanislo
2012 Fla. App. LEXIS 17750
| Fla. Dist. Ct. App. | 2012Background
- GKTW provides free storybook vacations to seriously ill children and families at its village.
- Stacy and Eric Sanislo signed liability releases in November 2004 for their daughter’s wish at GKTW.
- A second release was signed upon arrival at the Village with identical language.
- Stacy Sanislo was injured when a pneumatic wheelchair lift collapsed during a photo on a horse-drawn wagon.
- The Sanislos sued GKTW for negligence; GKTW asserted the release as an affirmative defense.
- The trial court denied GKTW’s summary-judgment motion; the jury ultimately entered a verdict for the Sanislos; appellate rehearing was granted in part and the prior opinion withdrawn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the release preclude negligence liability? | Sanislos contend release does not cover negligence. | GKTW argues the release language encompasses negligence claims arising from stay at the Village. | Yes; release precludes negligence claim. |
| Is the release language clear and unambiguous? | Sanislos argue language is vague about scope. | GKTW argues language clearly releases liability for injuries during the stay and related activities. | Language is clear and unambiguous; broad enough to cover negligence. |
| Does bargaining-power imbalance defeat enforcement? | Sanislos claim unequal bargaining power makes release unenforceable. | GKTW asserts no such imbalance; participation was voluntary in a recreational setting. | Power imbalance not present; release enforceable. |
Key Cases Cited
- Cain v. Banka, 932 So.2d 575 (Fla. 5th DCA 2006) (exculpatory language can bar negligence despite not listing negligence)
- Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA 2001) (exculpatory clause need not mention negligence to be effective)
- Ivey Plants, Inc. v. FMC Corp., 282 So.2d 205 (Fla. 4th DCA 1973) (exculpatory clauses public policy disfavored but enforceable if clear)
- Banfield v. Louis, 589 So.2d 441 (Fla. 4th DCA 1991) (recreational settings may uphold releases despite unequal bargaining power)
- Hardage Ents., Inc. v. Fidesys Corp., N.V., 570 So.2d 436 (Fla. 5th DCA 1990) (enforceability where language is unambiguous and no public-function context)
- DeBoer v. Fla. Offroaders Driver’s Ass’n, Inc., 622 So.2d 1184 (Fla. 5th DCA 1998) (requires clear exculpatory scope; non-public context matters)
- Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987) (conflicts the view that releases always require negligence language)