Tag Archives: personal trainer

Understanding Pennsylvania Waiver Law

By Doyice Cotten

Evans v. Fitness & Sports Club, LLC., 2016). This week we will look at Pennsylvania law and the ruling in the previous case. To review the facts:

On November 12, 2014, Patricia Evans was participating in a personal training session at LA Fitness with personal trainer Brandon McElwee. During the session, McElwee directed Evans to perform “suicide runs,” an activity that required Evans to repeatedly run forward to a weight and touch it and then run backward to the start line.

Bad Judgment by Personal Trainer Causes Lawsuit

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By Doyice Cotten

Many things can cause accidents in a health club – and a negligence suit is sometimes the result. Causes include equipment failure, slick floor surface, inattention of the personal trainer, carelessness by the client, and many more. In the case addressed here, the cause was largely due to the faulty judgment of the personal trainer. The following describes the events leading up to the injury of Patricia Evans in a Pennsylvania health club:

On November 12,

2016 Health Club Cases in New York — No Waivers

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By Doyice Cotten

Injuries occurring in health clubs in the State of New York can be problematic for club owners since protection against liability for negligence is ineffective in many circumstances – one being in places of amusement or recreation.  New York statute G.O.L. Sec. 5-326, passed in 1976, deems waivers void as against public policy under specific circumstances.  Specifically, the law provides:

[e]very covenant, agreement or understanding in or in connection with, or collateral to,

Personal Trainer Suit Illustrates the Need for Risk Management Training

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By Doyice Cotten

It is easy to find mistakes made by personal trainers. As their popularity increases, so do the lawsuits that pop up charging them with negligence. In a recent New York case (Baldi-Perry v. Kaifas, 2015), the personal trainer made a number of mistakes that led to a $1.4 million dollar award (minus 30% for comparative negligence). In the following discussion, personal trainers should note the mistakes made by Kaifas.

Causes of Personal Trainer Lawsuits — Part II

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Part II – When an Injury Occurs

By Doyice Cotten
Regardless of how careful a personal trainer is, injuries will occur. And when the injury occurs, the question becomes “What do you do now?” Do you suddenly slip on your M.D. outfit and make a diagnosis and provide a cure? Do you panic? Or do you already have an emergency action plan and simply follow that plan? The following three cases will help you to know WHAT NOT TO DO!

Causes of Personal Trainer Lawsuits — Part I

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Part I – Client Medical History

By Doyice Cotten

Personal trainers should guard against the temptation to try to help every potential client. The trainer should realize that 1) some potential clients pose a significant risk for the trainer; 2) the trainer’s knowledge, experience, and ability to prescribe safe exercises for some conditions are limited; and 3) that it may be better to sometimes tell the client that you do not feel confident in prescribing an exercise program for them.

Problem with Waiver Contained Within Membership Agreement

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By Doyice Cotten

In Hinkal v. Gavin Pardoe & Gold’s Gym (2015), Melinda Hinkal was injured while a client of a Pennsylvania health club. She had signed a membership agreement containing a waiver of liability. While working with a personal trainer, she suffered a back injury and filed a negligence claim.

The major issue in the case was whether the waiver language was sufficiently conspicuous to be enforceable.

The Agreement

The Gold’s Gym membership agreement is printed on a single,

A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability

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By Doyice Cotten

The rulings in three 2014 New York State cases ride on whether the purpose of the business or institution is primarily instructional or primarily recreational.

One-on-One Training Facility

In Kim v. Hanson (2014 N.Y. App. Div. LEXIS 8187), the plaintiff was engaged in a personal training program under the supervision and instruction of the trainer when he suffered an injury. The injury occurred at a one-on-one training facility; the plaintiff had previously signed a waiver of liability.

Waivers Protect Georgia Health Club and Personal Trainer

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 By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.), which he had bought elsewhere, and did a workout with the trainer. He sued the gym alleging the workout was too vigorous and sued the drug manufacturer.

The first document he signed was a membership agreement with an exculpatory agreement within it:

“WAIVER AND RELEASE LIABILITY”:

The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class.

More News Regarding Rhabdomyolysis.

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Personal Trainers NEED to Know About Rhabdomyolysis

By Doyice Cotten

Check out the following link to athleticbusiness.com for a recent article telling more about the potentially deadly disease caused when participants train too hard too quickly.

http://www.athleticbusiness.com/articles/article.aspx?articleid=4022&zoneid=11

See also two previous articles that appeared on this site:

http://www.sportwaiver.com/killer-disease-caused-by-exercise/

http://www.sportwaiver.com/do-you-know-about-rhabdomyolysis-it-is-a-must/

Help spread the word to other trainers. Email this post to them.