Henderson v. Quest Expeditions
Court of Appeals of Tennessee
174 S.W.3d 730 (Tenn. Ct. App. 2005)
Relevant factsFree
Nathan Henderson (plaintiff) was injured slipping and falling while disembarking a shuttle bus after a white-water rafting trip with Quest Expeditions (defendant). He sued for negligence; Quest argued a liability waiver he had signed barred the claim, while Henderson argued the waiver was void as against public policy.
IssueFree
Whether a recreational sport constitutes an activity essential in nature, rendering an exculpatory clause in a liability waiver void as against public policy.