Expert Witness Proves the Difference in Louisiana Case

This case discussion is provided by Dr. Leonard K. Lucenko, a sports and recreational premises risk management and safety expert. The case title is as follows: Clinton Schriber v. Jewish Community Center of New Orleans.

Case Facts:

In June 1997, plaintiff Clinton Schriber was participating in a recreational basketball league game at the gymnasium owned by the defendant.   The defendant had rented the gymnasium to a local recreational basketball league.  Each team paid an entry fee to participate in league games,

Foot Loose: Legal Liability Issues Relating to Barefoot Exercise

Alexander “Sandie” Pendleton
Sports, Fitness & Recreational Team Leader
Kohner, Mann & Kailas, S.C.
Milwaukee, Wisconsin

Christopher McDougall’s bestselling book Born to Run, and the extensive discussion therein regarding the reported benefits of barefoot running, have helped to ignite a new exercise trend (craze?). Fitness center owners are being asked if members can exercise barefoot, or are just seeing members working out barefoot in areas of the facility where, until recently, no one wanted to do so.

Weighty Issue

A fitness center injury lawsuit illustrates the importance of a proper risk management plan.

Attorney John Wolohan ([email protected]) reports on a fitness center injury lawsuit that illustrates the importance of a proper risk management plan.  John is a professor of sports law and chair of the Sport Management & Media department at Ithaca College. This article was published in Athletic Business in May, 2010.

As any administrator or employee involved in the sports and recreation industry will acknowledge,

Hang onto those Waivers!

This article by Doyice Cotten was originally published in Fitness Management. It has been updated (in red) and presents the provider with some valuable information regarding waivers.

Jody Corso was injured while performing an aerobic exercise under the direction of an aerobics instructor.  She fell while using a yoga ball and when she quickly regained her feet, she injured herself.  She filed suit against the United States Surgical Corporation (owner of the fitness center provided for the use of its employees),

Independent Contractors: Make Sure They Qualify!

This article by Doyice Cotten originally appeared in Fitness Management, but is as timely today as ever. Owners and managers who erroneously classify parties as independent contractors when they are actually employees face stiff penalties.

Fitness Plus, Inc. offered fitness classes for corporate clients on the premises of the client. Fitness Plus would assess the needs of the client, contact one of about 30 instructors, negotiate a fee, bill the client, pay the instructor regardless of profit or loss,

Make Your Waiver Broad

This article appeared in Fitness Management in May, 2008.

In a 2007 California waiver case, Georja Jones became a member of the Pritikin Longevity Center and Spa, a fitness center located within the Loews Santa Monica Hotel, Calif. She signed a membership agreement that consisted of several paragraphs. In paragraph seven, titled “Waiver of Liability,” Jones acknowledged that she was using the facility at her own risk, and waived the liability of the hotel.

Consulting

Need to know more? Need to know it fast? Sport Risk Consulting has many years experience with these topics, and is available to help…

Waiver Consulting:

We help parties develop or acquire waivers to protect them against liability for injuries caused by their own negligence. Some people have waivers copied from a book, borrowed from someone else, developed by themselves — and just want to be sure it will protect them if needed.  We are happy to look at your waiver,

Has Your Facility Acquired an AED? Now Is the Time!

It is time for fitness centers to enter the 21st century and have an onsite Automated External Defibrillator (AED). Legally, fitness centers no longer have a choice in many states. Not only have these states passed legislation requiring fitness facilities to purchase AEDs and train their staff, but more national professional organizations are taking a stand favoring their use. The day is not far when AEDs will be the required standard of care for fitness centers nationwide.