Can You Waive Liability For Reckless Conduct? Iowa Supreme Court Finally Says No.

• Published date: 14 January 2022
• Law Firm: Husch Blackwell LLP
• Author: Mr Robert C. Rakers and Nicholas Stepp

Earlier this year, litigants tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable "to the extent it purports to eliminate liability for the willful, wanton, or reckless conduct" a plaintiff alleges. Lukken v. Fleischer, 962 N.W.2d 71, 82 (Iowa 2021).

What Happened

In 2016, Mr. Lukken was seriously injured on a zip line near Honey Creek, Iowa. Lukken "slammed" into a pole, fracturing his neck after an employee of the zip line business failed to reset the zip line's brake. Lukken signed a liability waiver before zip lining but still sued the zip line business owner. Mr. Lukken also sued the zip line's original manufacturer even though its braking system was not installed when Lukken was injured.

Both defendants filed motions for summary judgment in the district court. The district court granted summary judgment in favor of the zip line manufacturer, reasoning it...