Ramirez v. Fair Grounds Corp. - 575 So. 2d 811 (La. 1991)

Rule:

Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party. La. Civ. Code Ann. art. 2004. 

Facts:

On February 10, 1985, Henry Ramirez, a licensed racehorse trainer with over 25 years of experience, was injured when he fell from a 12-foot high loft in a stall which is part of a stable owned by the Fair Grounds Corporation (hereinafter "Fair Grounds"). Approximately four months before the accident, Ramirez had signed an application for stall space and use of Fair Grounds’ facilities, which contained clauses excluding Fair Grounds’ liability for any injury to Ramirez and requiring Ramirez to indemnify Fair Grounds and hold it harmless from any liability. Ramirez filed suit against the Fair Grounds alleging that he suffered extensive damage to both feet and legs and that the cause of the fall was the lack of handrails or bannisters on the loft, in violation of applicable building codes, for which Fair Grounds is strictly liable pursuant to La. Civ. Code arts. 2317 and 2322. The Trial Court granted Fair Grounds’ motion for summary judgment and dismissed the action, and the Court of Appeal affirmed, finding that the contract clauses barred Ramirez’s recovery. 

Issue:

Were the clauses excluding Fair Grounds’ liability for any injury to Ramirez and requiring Ramirez to indemnify Fair Grounds and hold it harmless from any liability valid?

Answer:

No

Conclusion:

The Court reversed and remanded for further proceedings, holding that the subject clauses were null because under La. Civ. Code Ann. art. 2004, any clause was null that, in advance, excluded or limited the liability of one party for causing physical injury to the other party.