Plaintiff filed a complaint for negligence against defendants after she was injured at the defendants’ rock-climbing gym. The trial court entered summary judgment in favor the defendants and plaintiff appealed, arguing that the trial court erred because an inculpatory agreement between the parties was invalid and unenforceable because it violated public policy pursuant to the Amusement Ride and Attraction Safety Act and because defendants operated as a common carrier. The appellate court affirmed, finding that defendants were not liable under the liability waiver and that the legislative record of the Act did not support plaintiff’s public policy arguments. The appellate court also found that the defendants were not acting as common carriers at the time of the plaintiff’s injuries. (LAVIN and PUCINSKI, concurring)
Illinois Appellate Court
Civil Court
Liability Waivers