Hanks v. Powder Ridge Restaurant Corp.

885 A.2d 734 · Supreme Court of Connecticut · 2005

Facts

Gregory Hanks was seriously injured while snowtubing at Powder Ridge Ski Resort after his foot became caught. Before participating, Hanks signed an agreement releasing the resort from liability, including for its own negligence. The trial court granted summary judgment for the resort, finding the agreement barred Hanks' negligence claim.

Issue

Does a clearly worded exculpatory agreement, signed by a patron of a recreational snowtubing facility, violate public policy and thus become unenforceable, thereby allowing a negligence claim against the operator?

Holding

Yes, the court held that the exculpatory agreement violated public policy and was unenforceable. Therefore, the trial court's summary judgment in favor of the defendants was reversed, and the case was remanded for further proceedings.

Rule

Exculpatory agreements releasing recreational operators from liability for future negligence violate public policy when, considering the totality of the circumstances, they adversely affect the public interest. Factors include the operator's control over hazards, superior bargaining power, the 'take it or leave it' nature of the contract, and the undermining of tort law's deterrence function.

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Case brief last reviewed 2026-04-27. Prepared by CaseReader from the published opinion.