Doyice Cotten summarizes four recent cases involving health clubs. The first three are appellate cases from Minnesota and the fourth is a New Jersey Supreme Court case. These cases re-emphasize the importance of unambiguous waivers. One might say that two of the three Minnesota cases involve gross negligence or willful and wanton actions, but the court did not agree. Actions resulting in injury are not often deemed grossly negligent, reckless, or willful and wanton by the courts. This high threshold further increases the value of well-written liability waivers.
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,
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),
This article by David Herbert was originally published in The Exercise Standards and Malpractice Reporter in January, 2010. He examines a case in which the health club had an AED and personnel trained to use it, but failed to do so.
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.