While a Waiver Was Not Unconscionable or Against Public Policy, It Did Not Include Language that Decedent Unambiguously Waived Claims for Injuries from Defendant’s Negligence

This action involved a bike race where the decedent was struck by a vehicle as the race participants were closely congested on a narrow roadway. 

The defendant’s motion to dismiss addressed numerous issues, such as the sufficiency of a waiver signed by the decedent and assumption of risk. 

The Delaware Superior Court held, while the waiver itself was not unconscionable or against public policy, it failed to include language by which the decedent unambiguously waived claims for injuries arising out of the defendant’s own negligence. For this reason, the court found the waiver insufficient to bar the claim. 

It also found assumption of risk inapplicable to bar the claim under the analysis of a motion to dismiss as the defendant could be found liable for how it constructed the race path and, therefore, assumption of risk would not be a full bar to the plaintiff/decedent’s claims. 

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