Hunt signs an equipment lease contract with Edwards Rental. The contract contains a clause stating: “Lessor disclaims all liability arising from injuries caused by, from, or during any use or possession of this equipment whether through the active or passive negligence of lessor or any of its employees or agents. The lessee assumes all responsibility for the use and possession of the equipment and hereby waives all claims of liability against the lessor for any injuries or damages that occur by, from, or during any use of the equipment.” Unknown to Edwards Rental at the time the equipment was leased, it been improperly serviced by one of its mechanics. The mechanic had forgotten to properly tighten a bolt. Because of the loose bolt, Hunt is injured while the equipment. If Hunt sues, will the disclaimer clause be enforced? Why or why not?
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