Duty to do more than just call 911?
Hold the Phone
By: John T. Wolohan
January 2009
Summary: In Florida, health clubs’ duty to stricken patrons doesn’t go far beyond dialing 911.
The question of whether or not fitness centers have a legal duty to maintain an automated external defibrillator is still being decided on a state-by-state basis. In one recent case, Fowler v. Bally Total Fitness [Case No. 07 L 12258], Maryland’s Cook County Circuit Court ruled that even though there was no legislative mandate requiring an AED, Bally Total Fitness acted with indifference to the welfare and safety of its patrons when it failed to have one on site. …Other jurisdictions have looked at clubs’ duty of care differently. For example, as demonstrated by the Court of Appeal of Florida, Fourth District’s decision in L.A. Fitness International v. Julianna Tringali Mayer… sometimes just promptly calling for medical assistance is enough to satisfy your legal duty. Read the full article at athleticbusiness.com
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