Archives

Causes of Personal Trainer Lawsuits — Part II

September 8, 2015

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.

Causes of Personal Trainer Lawsuits — Part I

September 1, 2015

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;

Club Thought it was Protected Against Negligent Emergency Care

August 25, 2015

By Doyice Cotten

All health clubs need a sound risk management program aimed at the prevention of injuries. Included in that program should also be the use of a comprehensive, broadly worded liability waiver – just in case the risk management program does not work perfectly.

Even Broadly Worded Waivers Are not Without Limitations

August 18, 2015

By Doyice Cotten

Many, or even most, waivers are written in such a manner as to include seemingly all mishaps that can occur to the client. There are many cases illustrating that the power of a liability waiver is not unlimited.

Waiver and Signage Helps Protect an Illinois Gymnastics Club

August 11, 2015

By Doyice Cotten

A strong waiver written specifically for a particular sport business can help to protect the business against liability for negligence resulting in injuries. In Macias v. Naperville Gymnastics Club (2015), Kamil Macias paid ten dollars and signed a liability waiver in order to use the facility.

Hawaii Statute Prohibiting Waivers Enforced in Scuba Case

August 4, 2015

By Doyice Cotten

In a recent ruling, the U.S. District Court of Hawaii ruled that a liability waiver could not protect a scuba diving business from liability for negligence (Hambrook v. Smith,

Agritourism Liability: A Question in Georgia

July 28, 2015

By Doyice Cotten

Recently I stopped at an operation in South Georgia in which the operator charges one dollar each for patrons to enter a fenced area. There patrons can view an assortment of animals including a horse,

Moot Waiver and “Open and Obvious” Issue

July 21, 2015

By Doyice Cotten

This Ohio case involved a slip and fall in a puddle of water when Marie Daher was leaving the swimming pool area going down a hallway to the shower area. She sued Bally’s based on premises liability;

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

July 14, 2015

By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Problem with Waiver Contained Within Membership Agreement

July 7, 2015

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.