Moore v. Hartley Motors
Alaska Supreme Court
36 P.3d 628 (2001)
Relevant factsFree
The Moores (plaintiffs) enrolled in an ATV safety course at Hartley Motors (defendant), signing a waiver releasing the course instructors from liability for injuries arising from participation; during the course, Gayle Moore was thrown from her ATV and injured after it struck a large rock hidden by tall grass on the course. The Moores sued for negligent course design and location, and the trial court granted the defendants summary judgment based on the signed waiver.
IssueFree
Whether, in Alaska, a signed waiver and release will preclude liability for negligence where a danger unrelated to the inherent risks of the activity could be eliminated or mitigated through the exercise of reasonable care.