Hiett v. Lake Barcroft Cmty. Ass'n - 244 Va. 191, 418 S.E.2d 894 (1992)

Rule:

Provisions for release from liability for personal injury which may be caused by future acts of negligence are prohibited universally.

Facts:

The swimmer's colleague invited him to participate in the swimming portion of the triathlon sponsored by the homeowner’s association, and gave him the entry form, containing the release from liability for injury, to sign. After being injured in the triathlon, the swimmer brought suit against the association and against the colleague who invited him to participate. The trial court dismissed the colleague from the case on the grounds that she was not the association's agent and held that the swimmer's entry form released the association from liability for negligence.

Issue:

1. Did the swimmer’s entry form release the association from liability for negligence? 
2. Did the trial court err in dismissing the colleague as a defendant in the case? 

Answer:

1) No. 2) No.

Conclusion:

The court reversed the trial court’s decision as it pertained to the release signed by the swimmer, holding that a release from liability for personal injury that might be caused by future acts of negligence was void as against public policy, writing that this principle had not been altered by cases upholding the right to contract for the release of liability for property damage. The court, however, affirmed the portion of the decision dismissing the colleague as a defendant. According to the court, the colleague had no ownership interest in or control over the lake. Thus, the colleague had no duty to warn the swimmer of any dangerous condition.