Other Voices

Pertinent articles by other professionals in the field

Duty to do more than just call 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, 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.

Undiagnosed Dangers

Summary: A girl’s fatal fall highlights the importance of proper supervision and medical care.
Athletics and recreation administrators have a legal duty to not only provide people using their facilities proper supervision during an activity, but also proper emergency medical care in the case of an injury. As is demonstrated in Spotlite Skating Rink Inc. v. Barnes [2008 Miss. LEXIS 322], what constitutes proper supervision and medical care will often hinge on which testimony a jury finds more credible.

On Dec. 25, 2000, 10-year-old Bianca Barnes and some friends took a bus to the Spotlite Skating Rink in Greenwood, Miss. Accounts of what happened after she arrived there vary. According to Barnes’ friends, Barnes was on the roller skating surface, without skates, and fell, hitting her head. After finding her on the floor crying and holding her head, they helped her to a nearby table, where she stayed with her head down for the rest of the evening. At no time, they claimed, were they asked by any Spotlite employees how to get in touch with Barnes’ mother, and no one from Spotlite helped them get home.