Author Archives: David Herbert

Can Fitness Facilities Be Liable for Defective Equipment Injuries?

In a recent and interesting case from New Jersey, an appeals court reviewed a trial court’s decision in a fitness equipment injury [...]

What is Sexual Harassment and Avoiding it in Fitness Facilities

Sexual harassment is in the news.  Allegations of inappropriate and unlawful conduct based upon sexual conduct currently permeate [...]

Injury from Swinging Kettlebell Results in Suit Which Withstands Summary Judgment Motion

In a case from New York,[1] the plaintiff was injured when he was struck in the back of his head by a kettlebell being swung by another [...]

If You Have an AED, Do You Have to Use It?

Perhaps the better question presented by this title should be the question of whether an AED should be used rather than if it has to be [...]

Preparing Personal Trainers for Client Service – Education, Certification and/or Practical Training?

The fitness industry has been focused on the qualifications of fitness professionals, particularly personal fitness trainers, for many [...]

Avoiding Exercise Equipment Injuries Saves Time, Aggravation and Money

Exercise equipment mishaps account for a frequent source of client injury, as well as client claims and lawsuits.  Many of these cases [...]

Fitness Professionals Alert: Attention to Details Can Avoid Suit

Two relatively recent court decisions point out the need for health and fitness facilities and fitness professionals to not only adopt [...]

Fitness Professionals Beware: First Few Personal Training Sessions Can Lead to Injury and Suit

Personal training services are sometimes offered to new health and fitness facility clients on a free or reduced fee basis at least for [...]

Legal Risks and Liability Concerns in Wellness & Fitness Programs

On Thursday, June 22, 2017 we collaborated with one of …

There are Lots of Reasons NOT to Push Clients Too Far – “Rhabdomyolysis” is One

As pointed out many times in this column, a good number of claims and suits are asserted against personal trainers and other fitness [...]

Can Fitness Professionals be Civilly Liable for the Criminal Actions of Employees?

Like any professional sector in this county, the fitness industry, at least occasionally, has to deal with criminal acts committed by [...]

When Releases and Waivers Don’t Work – Thoughts for Fitness Professionals

We have devoted considerable time and space in this column to provide examples of cases filed against fitness professionals, [...]

Have Questions? click here, We’re happy to help!