By JoAnn M. Eickhoff-Shemek, Ph.D., FACSM
Dr. Eickhoff-Shemek is Professor Emeritus, University of South Florida (USF) and is President of the Fitness Law Academy, LLC (www.fitnesslawacademy.com). This post originally appeared in the Fitness Law Academy Newsletter, Vol 1, Issue 4 (October, 2018). You may subscribe to the quarterly newsletter free of charge at www.fitnesslawacademy.com.
Case Brief: Crossing-Lyons v. Towns Sport International,
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.
By Doyice Cotten
A woman was injured while working with a trainer employed by Planet Fitness. The trainer had lifted Butler onto a bosu balance ball and walked away. As she dismounted from the ball, she fell and suffered injury.
She filed suit claiming negligence; Planet Fitness countered with a liability waiver signed by the plaintiff as a defense. Part of the waiver language stated that the signer released Planet Fitness “from any responsibility or liability for any injury or damage to myself,
By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad. In a Wisconsin equine case (Mettler v. Nellis, 2005), the waiver failed because the waiver was considered overly broad. The court ruled the language “any liability or responsibility for any accident damage,
We are fortunate to have a new article by the lady who is perhaps the foremost expert in equine law – Julie Fershtman. While the article relates specifically to equine waivers, waiver law is the same regardless of the sport or activity.
Julie I. Fershtman, Esq.
Stables, race tracks, show managers, horse trainers, riding instructors, and individual horse owners often seek ways to reduce their liability risks.
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen,