Tag Archives: gross negligence criteria

3-inch Gap in Sauna Floor: Was It Ordinary or Gross Negligence?

By Doyice Cotten

Cynthia MacAdams, age 75, signed a YMCA waiver prior to using the sauna. The floor consisted of two separate platforms made of wood slats on top of a concrete base; they could be lifted and pushed apart for cleaning, but were not pushed back together after cleaning. This resulted in a 3 inch gap in the flooring.  When she got ready to leave, one of her feet went into the gap causing her to fall onto her right side.