Another Day, Another Lawsuit About Injuries Suffered At A Gym (Another Reason For Me Not To Go To The Gym)

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Weight lifters (pd)
I have written about the enforceability of waivers in health club membership agreements before, including just last week. Now the Appellate Decision has issued another decision on this same topic, Crossing-Lyons v. Town Sports International, Inc., which nicely illustrates the types of injuries that are covered by these agreements and those that are not.

First, a little background. The two seminal cases on this issue are Stelluti v. Casapenn and Walters v. YMCA , both of which I have written about before.

In Stelluti, plaintiff was injured when the handlebars of her stationary bike dislodged and caused her to fall during a spin class. The New Jersey Supreme Court held that these injuries were covered under the broad release in plaintiff's membership agreement. It reasoned that exercising entails vigorous physical exertion (depending, of course, on the person exercising – I am not sure my time on the stationary bike this morning was terribly vigorous), and that the member assumes some risks — faulty equipment, improper use of equipment, inadequate instruction, inexperience, poor physical condition of the user, or excessive exertion — as a result. While a health club must maintain its premises in a condition safe from known or discoverable defects, it need not ensure the safety of members who voluntarily assume some risk by engaging in strenuous physical activities that have a potential to result in injuries.  

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“All Animals Are Equal But Some Are More Equal Than Others”

 by:  Lawrence A. Calli

Owners of residential properties in New Jersey are no longer limiting themselves, in concept or use, to the idea that a person's home is a mere bastion of solitude and rest.  Rather, many homeowners are expanding their use of residential lots.  To be clear, we are not talking about simply adding a home office or  mother/daughter suite.  No, the newest trend appears to be raising livestock, and it’s not merely a trend in the southern and western counties of the State.  The trend towards municipal ordinances permitting livestock on residential properties has already spread to urban areas (including Jersey City), and is regularly considered by mayors and councils throughout the State. 

In a recent article, the Hopewell Valley News reported that the Hopewell Borough Council has been asked to consider an amendment to its land use ordinance that would allow residents to raise chickens in their backyards ("Hopewell: Backyard Chickens Are Council Topic").  The article notes that amendments in other parts of the State permit residents to keep as many as seven chickens within 25 feet of a neighbor’s property as long as the neighbor approves (larger flocks have to be kept 40 feet from the nearest neighbor).  

Hopewell Township recently adopted an ordinance that permits residents  to keep up to six chickens on their property.  The ordinance gained some notoriety because it limits rooster visits to only 10 days per year, and requires that the roosters be disease-free before visiting with the hens.  However, a spokesperson for Hopewell Township indicated that the amendment that Hopewell Borough adopts would not "in the slightest, possible way” mimic what occurred in Hopewell Township.  In fact, "a majority of communities forbid roosters because some find the crowing noise they make a nuisance, especially if it occurs in the early morning hours."

End of (An) Empire (In) Nevada

by:  Peter J. Gallagher

You can now count Empire, Nevada as one of the unintended victims of the housing crisis.  Yes, that's right, the whole town is gone.  Unlike  cities like Youngstown, Ohio ("Sweet Jenny I'm Sinking Down . . . Here Darlin' In Youngstown"), however, Empire is not shutting down because of mass migration of residents or a wave of foreclosures.  Rather, Empire was populated by 350 US Gypsum employees who worked at the company's nearby gypsum mine.  As reported recently on NPR ("Shuttered Plant Marks The End Of A Nevada Town"), the drop in home construction led to a corresponding drop in demand for U.S. Gypsum's Sheet Rock and the gypsum used to make it.  As a result, the company closed the mine.  Because everyone in Empire worked at the mine, when it closed, the town went with it.  Perhaps the most interesting aspect of the end of Empire is that its former zip code (89405) disappeared, along with the town, when the post office closed up shop a few weeks back.

If you are curious, click here for a view of the town from Google Maps.