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Expert Analysis

Fla. Exculpatory Clauses Enjoy Their Moment In The Sun

Law360, New York ( February 26, 2015, 11:32 AM EST) -- In a 4-3 decision that stands as a victory for businesses that use exculpatory clauses in contracts with customers, the Supreme Court of Florida in Sanislo v. Give Kids the World Inc. held that an exculpatory clause was clear and unambiguous and therefore barred a customer's negligence action, even though it did not contain explicit language releasing the defendant for its own negligent acts. In so holding, the state supreme court reconciled conflicting opinions of Florida's appellate courts, affirming a holding of the Fifth District Court of Appeals despite contrary authority from the other four district courts....

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