Category Archives: Avoiding Liability Bulletin

Can Personal Trainers Give Nutrition Advice?

Health and fitness pros know that to help a client transform their body, you must address movement, lifestyle, and nutrition. They know [...]

Questions to Ask Before Taking Your Client’s Workout Outdoors

While you can't beat the convenience of the treadmill and elliptical, there's nothing quite like working out in the sunshine. Fitness [...]

Is My Gym’s Liability Waiver Enough?

As a wellness or fitness professional, protecting your professional practice should be top of mind. Even with regular inspections, [...]

Club Member’s Claims of Willful and Wanton Conduct to Proceed Against Personal Trainer and Health Club

As we have recommended several time in this column, pre-activity waivers of liability often protect fitness professionals and fitness [...]

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 [...]

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