Tag Archives: inspection

Lack of Equipment Inspections and Concern for Client Safety Is a Shortcut to Lawsuits

By Doyice Cotten

Lawsuits against health clubs are abundant – with dozens each year. There are many allegations in such suits ranging from failure to supervise, to employing uncertified personnel, to bad judgment of personal trainers, and many more causes of injury. One of the most frequent causes of injury has two prongs: 1) failure to regularly (as in daily) inspect the premises  and equipment; and 2) failure to maintain and keep equipment in good repair.

The photos in this post illustrate a potential problem that could result in a client injury and in a possible negligence lawsuit.

Provider’s Cavalier Attitude toward Safety and Risk Management Proves Costly

By Doyice Cotten  

Two major problems with liability waivers are that they are sometimes misunderstood and misused by owners or managers of sport businesses. First, some sport managers think that a liability waiver provides total protection against lawsuits for injury. They think they are completely protected against loss. But waivers do not always work! Sometimes there are statutes prohibiting their use (e.g., G.O.L 5-326 in NY prohibiting waivers when there is an entry fee). Sometimes the waiver is poorly written (e.g.,

DANGER: Exercise Balls

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, suddenly sending the patron to the floor with a thud.

The most publicized incident involving exercise balls involved Sacramento Kings and NBA player Francisco Garcia who was injured in October,

18 Tips for Reducing the Risk of a Lawsuit (Part II – Facility & Equipment)

This is the second of a 5-part series on ways to reduce the risk of a lawsuit. This part will focus on guidelines dealing with the facility and equipment.

5.         Establish a Complete Facility Inspection Program

The inspection program should be broad in scope, including several types of inspections. There should be a daily inspection. This does not have to be time consuming or detailed, but someone should take a few minutes before opening to walk through the facility with a brief checklist to see if there are any obvious hazards or problems visible.