Boyce v. West
71 Wash. App. 657, 1993 Wash. App. LEXIS 416, 862 P.2d 592 (1993)
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Rule of Law:
A pre-injury exculpatory agreement releasing a provider of voluntary, recreational activities from liability for ordinary negligence is enforceable and does not violate public policy. Such a release also protects the provider's employees, even if not explicitly named, and is only voided by evidence of gross negligence.
Facts:
- In the spring of 1988, Peter Boyce, a Gonzaga University student, successfully completed an introductory scuba diving course.
- Over the summer, Boyce became a certified scuba diver, which was a prerequisite for Gonzaga's advanced course.
- In the fall of 1988, Boyce enrolled in Scuba Diving 2 at Gonzaga, taught by adjunct instructor James West.
- On the first day of the advanced course, Boyce signed an 'Affirmation and Liability Release' form that named Gonzaga University and the Professional Association of Diving Instructors (PADI).
- On November 27, 1988, during a deep-water training dive in Lake Coeur d'Alene, West noticed Boyce and another student, Steve Kozlowski, were low on air and signaled for an ascent.
- At the anchor line, Kozlowski panicked due to a lack of air and tugged on West for help.
- West assisted the panicking Kozlowski to the surface using his alternate regulator, losing sight of Boyce in the emergency.
- Boyce was found floating on the surface and died from an air embolism caused by too rapid an ascent.
Procedural Posture:
- Iris Boyce, as personal representative of her son's estate, filed a wrongful death lawsuit against James West and Gonzaga University in the trial court.
- The defendants denied negligence and asserted the affirmative defenses of liability release and assumption of risk.
- The defendants moved for summary judgment based on these defenses.
- The trial court granted summary judgment for the defendants, finding the decedent had released them from liability and assumed the risks.
- Iris Boyce, as the appellant, appealed the trial court's grant of summary judgment to the Court of Appeals of Washington.
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Issue:
Does a pre-injury liability release and assumption of risk agreement, signed by a student for a voluntary, recreational university course, bar a subsequent wrongful death claim based on the ordinary negligence of the university and its instructor?
Opinions:
Majority - Shields, J.
Yes, a pre-injury liability release signed for a voluntary, recreational course is enforceable and bars claims for ordinary negligence. The release signed by Peter Boyce, which named Gonzaga University, also protects its employee, James West, under the general rule that a pre-injury release of an employer also releases the employee. The court determined the release does not violate public policy by applying the six-factor test from Wagenblast, concluding that a voluntary, recreational activity like scuba diving does not involve a public interest. Furthermore, the plaintiff failed to provide substantial evidence of gross negligence, which would be required to render the release unenforceable. The court also found that Boyce's express assumption of 'all risks... foreseen or unforeseen' was an alternative ground to bar the claim, as it contractually shifted the risk of negligent instruction to him.
Analysis:
This decision solidifies the enforceability of pre-injury liability waivers for voluntary, high-risk recreational and educational activities. It clarifies that such waivers generally extend protection to employees of the released entity, even if those employees are not explicitly named in the agreement. The ruling sets a high bar for plaintiffs seeking to overcome these waivers by requiring substantial evidence of gross negligence, not merely allegations or proof of ordinary negligence. This precedent provides significant legal protection to organizations like universities and sports clubs, thereby reducing their liability risk for offering such activities to the public.
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