Berlangieri v. Running Elk Corp.

OPINION

ALARID, Judge.

{1} This case requires us to decide whether New Mexico courts will enforce an exculpatory agreement purporting to relieve the commercial operator of a recreational premises from liability for failure to exercise ordinary care to protect its patrons from risks of serious physical injury. We conclude that such exculpatory agreements are unenforceable because commercial operators of recreational premises are subject to a non-dis-claimable duty to exercise ordinary care to protect patrons from foreseeable risks of physical injury or death.

BACKGROUND

{2} Defendants operate The…