A patron’s fall off a stationary bike meets a court’s support of waiver protection for clubs.
By John T. Wolohan
This January, 2010, article written by John Wolohan illustrates the value of an effective waiver when an injury occurs.
Why do courts in some jurisdictions fail to uphold waivers, while other courts will accept them in most cases? Often, the reason is a belief that waivers encourage a lack of care. As a result, a court will closely scrutinize and invalidate a waiver if it is found to violate public policy or is overly broad, or if it is clear that the individual signing the document did not understand what he or she was signing.
“What represents a reasonable standard of care?” was a question raised in Stelluti v. Caspenn Enterprises, d/b/a Powerhouse Gym [408 N.J. Super. 435; 975 A.2d 494 (2009)], with the key issue being whether the waiver signed by the plaintiff mitigated or eliminated altogether the defendant’s duty of care.
Read the full article at AthleticBusiness.com