Release, Public Policy, Negligent Violation of Statutory Law Regarding Safety, 1, 5
This decision holds that Civ. Code 1668 makes unenforceable as against public policy a pre-accident release of claims for personal injury suffered as a result of the defendant’s negligent violation of a statutory duty designed to protect public safety. Here, a participant in a bicycle ride event was seriously injured when the front wheel of the bike was abruptly brought to a halt by a difficult-to-see pothole in the road. The decision also clarifies that the Tunkl factors are used only to determine whether section 1668 bans release of a common law duty of care; those factors do not apply when it is a statutory duty that allegedly was breached.