Category Archives: Avoiding Liability Bulletin

Exercise Equipment Injuries and Claims and Suits – Defending against Litigation

As we have pointed out in various articles in this column, exercise equipment use by fitness facility clients can lead to injury and [...]

Running Treadmill Leads to Serious Injury and Suit – Waiver Does Not Protect the Club

In a very recent and interesting case from New Jersey,[1] the plaintiff was injured while using a treadmill.  The court set forth the [...]

Specialized Activity Program Leads to Suit Against Personal Trainer and Gym

In a very recent case from New Jersey, the Plaintiff, a wheelchair bound quadriplegic, attended a personal training program at the [...]

Personal Trainers Take Note: Screening Standards Have Changed

In late 2015, we reminded personal trainers and other fitness professionals of their obligation to screen clients for activity prior to [...]

Are Monthly Equipment Inspections Sufficient?

In a relatively recent case from Wisconsin, a trial court and then an appeals court were faced with determining whether or not a [...]

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 [...]

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