Pennsylvania Court Rules that Membership Contract Waiver Protects Against Negligence: No Reckless Conduct Found

By Doyice Cotten

 Cornelius Lister was injured when a fight occurred on the Fitness International basketball court (Lister v. Fitness International, LLC, 2014 U.S. Dist. LEXIS 45954).  He alleged that at least four men attacked him and that at least one of the men was not a member of the club. He claimed that the club was negligent in failing to adhere to club policies that provided that non-members could not use the basketball court.

Waiver Terminology (Part III): Why the Waiver is Important!

By Doyice Cotten

This is Part III of this series on waiver terminology. This part is intended to impress upon the sport and recreation professional the value of waivers of liability.

Why all the fuss about waivers of liability? The following California case (Padilla v. The Sports Club Company, 2008 Cal. App. Unpub. LEXIS 8150) illustrates very clearly why recreation and sports entities should use waivers.

Situation

Belinda Padilla was a member of The Sports Club Company,

Waivers, Negligence per se, and Safety Statutes

By Doyice J. Cotten

In January of this year, we posted an article that dealt with waivers and negligence per se.  This article, which originally appeared in Fitness Management magazine, also relates to negligence per se.

Reoven Capri suffered injury when he slipped and fell on the pool deck while walking to the pool.  He returned to the pool the next day and found an accumulation of algae around the drain on the pool deck where he fell. 

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,

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,

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.