Hanks v. Powder Ridge Restaurant Corp.

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

Facts

Plaintiff Gregory Hanks was seriously injured while snowtubing at Powder Ridge Ski Resort after his foot became caught between his snow-tube and a man-made bank. Prior to snowtubing, Hanks signed a waiver explicitly releasing the defendants from liability for negligence. The trial court granted summary judgment for the defendants, finding the waiver valid.

Issue

Does a well-drafted exculpatory agreement, signed by a patron of a public recreational facility, violate public policy and thus become unenforceable when it purports to release the operator from liability for its own future negligence?

Holding

Yes, the court reversed the trial court's judgment, holding that the exculpatory agreement violates public policy and is unenforceable. The case was remanded for further proceedings.

Rule

An exculpatory agreement for a public recreational activity violates public policy and is unenforceable if, under the totality of the circumstances, it adversely affects the public interest, considering factors like the operator's control, superior bargaining power, and the adhesionary nature of the contract.

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.