>... Gross negligence or recklessness: The California Supreme Court recently held that releases are valid only to protect defendants from being sued for neglige

>... Gross negligence or recklessness: The California Supreme Court recently held that releases are valid only to protect defendants from being sued for negligence. They are invalid if you can prove that the other party's conduct was more than negligent, e.g., gross negligence or recklessness. That's the key here. Regardless of acceptance of risk, gross negligence cannot be excused. If this were a legit operation using a certified vessel, we'd be having an entirely different conversation. But what Rush was doing is the very definition of recklessness.