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.
Related cases
Crawford v. Buckner839 S.W.2d 754 (1992)Hanks v. Powder Ridge Restaurant Corp.276 Conn. 314, 885 A.2d 734 (2005)Seigneur v. National Fitness Institute, Inc.752 A.2d 631 (Md. Spec. App. 2000)Yauger v. Skiing Enterprises, Inc.557 N.W.2d 60 (1996)Broadley v. Mashpee Neck Marina, Inc.471 F.3d 272 (2006)