Tag Archives: health club

A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability

February 10, 2015

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.

Connecticut Court Relies on Reardon Ruling in Declaring Health Club Waiver Violates Public Policy

November 25, 2014

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.

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

November 4, 2014

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.

Surprising Ruling in New Jersey Case

October 14, 2014

By Doyice Cotten

James Walters joined a YMCA and signed a membership agreement containing a waiver. About three years later, he suffered injury when he slipped on a step while walking to the YMCA pool – allegedly because the slip resistant rubber on the stairs was worn off the bottom step.

Waivers Protect Georgia Health Club and Personal Trainer

March 11, 2014

By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.),

DANGER: Exercise Balls

November 12, 2013

By Doyice Cotten

Exercise balls have become a staple in health clubs in recent years. They add fun and variety to exercising – but, watch out. While they look harmless, they have been involved in many accidents over the years when they burst and collapse,

Health Club Case Sheds Light on Puerto Rico Waiver Law

November 5, 2013

By Doyice Cotten

Kelvin Lugo lost part of his index finger while returning a dumbbell to the rack as another dumbbell shifted and rolled onto his finger. He sued alleging negligence on the part of Health Club of America (HCA).

Court Makes Clear the Texas Waiver Law

September 24, 2013

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez ,

Waivers NOT Containing the Word “Negligence” Fail in 3 Recent New York State Cases

September 3, 2013

By Doyice Cotten

Some waivers protect; others fail to protect. There are many reasons waivers fall short of providing the protection intended by the provider. Some reasons include gross negligence involved, violation of statutory duty, unequal bargaining power,

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

April 2, 2013

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?