A waiver is valid to insulate an event owner and sponsor from liability for negligent conduct. Delaware’s implied primary assumption of the risk bars negligence claims related to certain sporting activities.

The plaintiff suffered serious injuries at an off-road dirt bike race. The defendants, owners and sponsors of the event, moved for summary judgment on the basis that the plaintiff signed a waiver releasing them from liability—both negligence and recklessness—and that he assumed the risk inherent in that type of event. The court granted the motion, in part, holding that: (1) the waiver released the defendants from liability for negligence but not recklessness; and (2) the implied primary assumption of the risk is a valid affirmative defense to this type of activity, but the question of recklessness remains one for the trier of fact.

_{Case Law Alerts, 2^nd Quarter, April 2018}

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