What happens in Pennsylvania stays in Pennsylvania

In McDonald v. Whitewater Challengers, Erin McDonald, a New York teacher, signed a release form to participate in a whitewater rafting school field trip conducted by Whitewater Challengers, a Pennsylvania company. Upon participation, Ms. McDonald was thrown from the raft and injured. Ms. McDonald sought to invalidate the signed liability release form by applying to New York law.

In New York, release forms immunizing recreational facilities from liability for negligence are invalid by statute, as they violate New York’s public policy. In Pennsylvania, however, such forms are permitted for the protection of the company where a participant agrees the sign a waiver and assuming the risk of the activity.

The Pennsylvania Superior Court acknowledged that New York may have an interest in recouping the costs of Ms. McDonald’s medical treatment. However, the Superior Court ultimately decided that Pennsylvania has the greater interest because a Pennsylvania company should be able to rely on Pennsylvania laws when conducting its operations.

We suspect plaintiff would have preferred to bring her claim in New York, as opposed to Pennsylvania, to take advantage of New York’s more plaintiff-friendly laws.  Unfortunately for plaintiff, the contract she signed also mandates that “Any claims or disputes arising from my participation in this program shall be venued in the Luzerne County Court in the town of Wilkes-Barre, PA, or in the Supreme Court of the State of Pennsylvania.”

Thanks to Tiffany Davis for her contribution to this post.  Please email Brian Gibbons with any questions.