Yauger v. Skiing Enterprises, Inc

In Yauger v. Skiing Enterprises, Inc., 206 Wis. 2d 76, 557 N.W.2d 60 (1996), the supreme court considered the enforceability of an exculpatory contract signed by the father of a girl who died as the result of a skiing accident. The ski resort argued that the release of the father barred his wrongful death suit. However, the supreme court concluded that the release was void as against public policy because it failed to clearly and unambiguously explain to the father that he was accepting the risk of the ski resort's negligence and because the form failed to "clearly and unequivocally communicate to the signer the nature and significance" of the document. See 206 Wis. 2d at 86-87, 557 N.W.2d at 64.