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Personal Injury--Actions, Defenses, Damages

Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

19-90 Personal Injury--Actions, Defenses, Damages 90.syn


Limitation of Liability


Louis R. Frumer ; and Melvin I. Friedman

Chapter Summary


In the absence of a statute or an international treaty governing limitation-of-liability clauses in contracts, two competing factors generally control whether a party to a contract may validly exempt itself or otherwise limit its liability for negligence: (1) freedom of contract and (2) public policy considerations.

This chapter of Personal Injury: Actions, Defenses, Damages discusses the validity of exemptions from or limitations of liability for personal injuries or death caused by negligence or other wrongful conduct. It provides information on limitations of liability relating to common carriers, including railroads, buses, and ships; airplanes and airlines; and telecommunications companies. Then, it discusses the use of exemptions from or limitations of liability for public and quasi-public services; hospitals and other medical facilities; hotels and innkeepers; employment contracts and independent contractors; children; leisure activities; and landlord and tenant issues.

Personal Injury: Actions, Defenses, Damages (Matthew Bender) is a comprehensive, national encyclopedia of personal injury law. Alphabetically arranged chapters cover over 100 different types of "fact patterns" encountered in personal injury cases. In addition, each chapter provides coverage of potential actions, defenses and damages, as well as forms, such as allegations, sample complaints, checklists, and sample discovery requests.


Personal injury,limitation of liability,death,negligence,wrongful conduct,common carrier,railroad,bus,ship,airplane,airline,telecommunications company,hospital,medical facility,hotel innkeeper,employment contract,independent contractor,children,leisure activities,landlord,tenant


For a discussion of the discharge and termination of liability by covenant not to sue and release, see Ch. 49, Discharge and Termination of Liabilities.

For more information on indemnity agreements, express actions and implied, see Ch. 80, Indemnity.

For a discussion of insurance contracts, see Ch. 83, Insurance.


For a detailed discussion of virtually all theories of tort liability and defenses in California, see California Torts (Matthew Bender).

For step-by-step guidance through each phase of a products liability case, along with checklists, forms, sample pleadings, and research guides, see Products Liability Practice Guide (Matthew Bender).

For practical guidance on handling no-fault, uninsured motorist, and underinsured motorist insurance claims, see No-Fault and Uninsured Motorist Automobile Insurance (Matthew Bender).

For coverage of all the latest developments in tort reform state by state, and a wide range of pretrial, trial, and post-trial strategies, see Punitive Damages (Matthew Bender).
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