Willard Van Dyke Productions, Inc. v. Eastman Kodak Company

In Willard Van Dyke Productions, Inc. v. Eastman Kodak Company, 12 N.Y.2d 301 (1963) a commercial photography firm entrusted to the defendant for developing film used to take what would have been commercially valuable photographs. While in the defendant's care, the film was badly damaged, presumptively as a result of the defendant's negligence. The defendant, which had sold the film in question to the plaintiff, contended that its liability was limited by a notice on the exterior of the box in which the film was sold, which read, in pertinent part: This film will be replaced if defective in manufacture, labeling, or packaging, or if damaged or lost by us or any subsidiary company. Except for such replacement, the sale or subsequent handling of this film for any purpose is without warranty or liability of any kind. (239 N.Y.S.2d at 339.) The plaintiff conceded that it had been aware of the foregoing disclaimer at the time it submitted the film for processing. Nonetheless, the Court of Appeals held that the disclaimer was ineffective, explaining that The law looks with disfavor upon attempts of a party to avoid liability for its own fault and, although it is permissible in many cases to contract one's self out of liability for negligence, the courts insist that it must be absolutely clear that such was the understanding of the parties. In other words, it must be plainly and precisely provided that 'limitation of liability extends to negligence or other fault of the party attempting to shed his responsibility.' In line with this principle, we have consistently decided that contracts will not be construed to absolve a party from, or indemnify him against, his own negligence, 'unless such intention is expressed in unequivocal terms.' (239 N.Y.S.2d at 339-340.)