Berlangieri v. Running Elk Corp.

{33} I respectfully dissent.

I. Word Usage

{34} For convenience, I refer to one providing an opportunity to engage in recreational activity as an “operator”; an exculpatory contract clause by which an operator disclaims or absolves itself from liability for negligence that causes personal injury or death as a “release”; and an individual who chooses to engage in recreational activity as a “recreation seeker.”

II. Introductory Observations

{35} The majority holds that public policy imposes on operators a non-disclaimable duty of due care. This means no release is enforceable. Some risk of harm is…